Rivera, Nataneal v. Jimenez, George, et al
Filing
5
ORDER that plaintiff's $6.01 initial partial payment of the $350 fee for filing this case may be taken from his release account funds. Initial partial filing fee due 8/17/2012. Signed by Magistrate Judge Stephen L. Crocker on 7/27/2012. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
_________________________________________________________________________________________
NATANAEL RIVERA,
ORDER
Plaintiff,
v.
12-cv-476-bbc
CORRECTIONAL OFFICERS GEOGE J. JIMENEZ,
TOMES COMPBALL, COMEING, NUMEKE,
ROUSE, TINGLY, PETER ERICKSEN,
MICHAEL BAENEN, SARA COOPER and
JOHN DOE 1-12,
Defendants.
__________________________________________________________________________________
In an order dated July 5, 2012, this court severed plaintiff Natanael Rivera’s “verified
amended complaint” filed in case Rivera v. Jimenez,, 12-cv-240-bbc, into this case, 12-cv-476-bbc.
The court also directed plaintiff to submit in an initial partial payment of $6.01 for severed case
12-cv-476. Now plaintiff has submitted a letter stating that he needs an order so he can pay the
$6.01 initial partial filing fee in this case. He includes a memorandum from the Green Bay
Correctional Institution business office, dated July 17, 2012, which states that plaintiff must
have an order from the court before it will disperse the $6.01 initial partial payment for case
12-cv-476 from plaintiff’s release account. Accordingly, the Green Bay Correctional Institution
business office is advised that if plaintiff does not have the money in his regular account to make
the initial partial payment, they may take 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 $6.01 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 that they should send plaintiff’s initial partial payment to this court. Once
the court receives plaintiff’s initial partial filing fee, his complaint will be taken under advisement
for screening pursuant to 28 U.S.C. 1915(e)2. Plaintiff is advised that he must pay the
remainder of the fee in monthly installments even if his request for leave to proceed is denied.
ORDER
IT IS ORDERED that plaintiff Natanael Rivera’s $6.01 initial partial payment of the
$350 fee for filing this case may be taken from his release account funds after taking first
whatever amount is in his regular account. He is to submit a check or money order made
payable to the clerk of court in the amount of $6.01 on or before August 17, 2012. If, by
August 17, 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 27th day of July, 2012.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge
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