Smith, Gary v. Spoden, Robert et al

Filing 4

ORDER on ifp request: Initial partial filing fee of $ 5.60 assessed. Initial partial filing fee due 3/5/2012. Signed by Magistrate Judge Stephen L. Crocker on 2/13/2012. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

GARY A. SMITH,
Plaintiff,

ORDER

v.

12-cv-96-wmc

SHERIFF ROBERT SPODEN and
DR. BUTLER,
Defendants.

Plaintiff Gary Smith, an inmate at the Rock County Jail in Janesville, Wisconsin has
submitted a proposed complaint under 42 U.S.C. 1983. He asks for leave to proceed in forma
pauperis. From the inmate account statement plaintiff has submitted, I have calculated his initial
partial payment to be $5.60. Once plaintiff’s payment has been received, his complaint will be
taken under advisement for screening to 28 U.S.C. § 1915(e)(2) to determine whether the case
must be dismissed either because the complaint is frivolous or malicious, fails to state a claim on
which relief may be granted or seeks monetary relief against a defendant who is immune from
such relief. Plaintiff will be notified promptly when such a decision has been made. Plaintiff
should show a copy of this order to jail officials to insure that they are aware they should send
plaintiff’s initial partial payment to this court.

ORDER
IT IS ORDERED that plaintiff Gary Smith is assessed $5.60 as an initial partial payment
of the $350 fee for filing this case. He is to submit a check or money order made payable to the
clerk of court in the amount of $5.60 on or before March 5, 2012. If, by March 5, 2012,
plaintiff fails to make the initial partial payment or show cause for his failure to do so, he will

be held to have withdrawn this action voluntarily. In that event, the clerk of court is directed
to close this file without prejudice to plaintiff's filing his case at a later date.

Entered this 13th day of February, 2012.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

2