Parrish, Kenneth v. McCulloch, Deborah et al

Filing 8

ORDER on ifp request: Initial partial filing fee of $ 9.60 assessed. Initial partial filing fee due 6/22/2012. Signed by Magistrate Judge Stephen L. Crocker on 5/30/2012. (jef),(ps)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN KENNETH R. PARRISH, Plaintiff, ORDER v. 12-cv-280-bbc DEBORAH MCCULLOCH and WILLIAM PARKER, Defendants. On April 23, 2012, I ordered plaintiff Kenneth Parrish to submit, by May 14, 2012, a certified copy of his six-month resident account statement so that I can determine whether he qualifies for indigent status and, if he does, calculate an initial partial payment of the $350 fee for filing this case. The court did not receive the account statement from plaintiff by the May 14 deadline and closed the case. Now plaintiff has filed a letter stating that he had never received the order directing him to submit a certified copy of a six-month resident account statement. Plaintiff has also submitted the requested statement. Accordingly, I will calculate plaintiff’s initial partial payment, and upon receipt of that payment, reopen his case. From the resident account statement plaintiff has submitted, I calculate his initial partial payment to be $9.60. Plaintiff should show a copy of this order to treatment facility officials to insure that they are aware they should send plaintiff’s initial partial payment to this court. Once plaintiff pays the amount I have determined he is able to prepay, that is just the first step in obtaining leave to proceed in forma pauperis under 28 U.S.C. § 1915. After the court receives his payments, the court will take plaintiff’s complaint under advisement for a determination under § 1915(e)(2) whether his action or any portion of it must be dismissed as frivolous or malicious, for failure to state a claim on which relief may be granted or because plaintiff seeks monetary relief against a defendant who is immune from such relief. ORDER IT IS ORDERED that plaintiff Kenneth Parrish is assessed $9.60 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 $9.60 on or before June 22, 2012. Upon receipt of the initial partial payment, this case will be reopened and plaintiff’s complaint taken under advisement for a determination whether any portion of his complaint must be dismissed as frivolous or malicious, for failure to state a claim upon which relief may be granted or because plaintiff is seeking damages from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2). Entered this 30th day of May, 2012. BY THE COURT: /s/ STEPHEN L. CROCKER Magistrate Judge 2

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