Armstrong, Ralph v. State of Wisconsin, et al.
ORDER on ifp request: Initial partial filing fee of $ 17.50 assessed. Initial partial filing fee due 7/11/2012. Signed by Magistrate Judge Stephen L. Crocker on 6/18/2012. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
RALPH DALE ARMSTRONG,
STATE OF WISCONSIN, et al.,
Plaintiff Ralph Armstrong, a prisoner at the Guadalupe County Correctional Facility in
Santa Rosa, New Mexico has submitted a proposed complaint under 42 U.S.C. § 1983. He asks
for leave to proceed in forma pauperis. Because plaintiff is a prisoner, he is subject to the 1996
Prisoner Litigation Reform Act. This means that before this court may decide whether he can
proceed with his complaint in forma pauperis, plaintiff will have to make an initial partial payment
of the filing fee.
In determining whether a prisoner litigant qualifies for indigent status this court applies
the formula set forth in 28 U.S.C. § 1915(b)(1).
According to this formula, a prisoner
requesting leave to proceed in forma pauperis must prepay 20% of the greater of the average
monthly balance or the average monthly deposits made to his prison account in the six-month
period immediately preceding the filing of the complaint. From plaintiff’s inmate account
statement, I calculate his initial partial payment to be $17.50. Also, he must pay the remainder
of the fee in monthly installments even if his request for leave to proceed is denied. Plaintiff
should show a copy of this order to prison officials to insure that they are aware they should
send plaintiff’s initial partial payment to this court.
IT IS ORDERED that plaintiff Ralph Armstrong is assessed $17.50 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 $17.50 on or before July 11, 2012. If, by July 11,
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will be held to have withdrawn this action voluntarily.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 18th day of June, 2012.
BY THE COURT:
STEPHEN L. CROCKER
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