Adell, Mark v. Smith, Judy et al

Filing 7

ORDER on ifp request: Initial partial filing fee of $ 1.82 assessed. ( Initial partial filing fee due 8/28/2012.) Signed by Magistrate Judge Stephen L. Crocker on 8/6/2012. (jef),(ps)

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

MARK ANTHONY ADELL,
Plaintiff,

ORDER
12-cv-452-slc

v.
JUDY SMITH, CATHY JESS,
and COLLEEN JANIKOWSKI,
Defendants.

In response to this court’s June 27, 2012, order, plaintiff Mark Adell has submitted a
certified copy of his six-month trust fund 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. 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 sixmonth period immediately preceding the filing of the complaint.
In this case, 20% of the average monthly balance in his account is $0.00, but 20% of the
average monthly deposits is $1.82. Because the greater of the two amounts is 20% of the
average monthly deposits, or $1.82, that is the amount plaintiff will be assessed as an initial
partial payment of the filing fee. If plaintiff does not have the money to make the initial partial
payment in his regular account, he will have to arrange with prison authorities to pay some or
all of the assessment from his release account. This does not mean that plaintiff is free to ask
prison authorities to pay all of his filing fee from his release account. The only amount plaintiff
must pay at this time is the $1.82 initial partial payment. Before prison officials take any

portion of that amount from plaintiff’s release account, they may first take from plaintiff’s
regular account whatever amount up to the full amount plaintiff owes. 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.

ORDER
IT IS ORDERED that plaintiff Mark Adell is assessed $1.82 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 $1.82 on or before August 28, 2012. If, by August 28, 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 6th day of August, 2012.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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