Rivera, Natanael v. Minning, Francois et al

Filing 4

ORDER on ifp request: Initial partial filing fee of $ 5.12 assessed. Initial partial filing fee due 8/20/2012. Signed by Magistrate Judge Stephen L. Crocker on 8/3/2012. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
_________________________________________________________________________________________
NATANAEL RIVERA,
ORDER
Plaintiff,
v.

12-cv-520-bbc

CORRECTIONAL OFFICER FRANCOIS MINNING,
LINDMEIER, ROUSE, PETERSON, COMMING,
DR. BREEN RN TREMEL, JOHN DOE 1-20 and
JANE DOE 1-20,
Defendants.

__________________________________________________________________________________
In response to this court’s July 27, 2012, order, plaintiff has submitted a certified copy
of his 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 six-month period immediately
preceding the filing of the complaint.
In this case, 20% of the average monthly deposits made to his account is $0.00, but 20%
of the average monthly balance is $5.12. Because the greater of the two amounts is 20% of the
average monthly balance, or $5.12, 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 $5.12 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 Natanael Rivera is assessed $5.12 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 $5.12 on or before August 20, 2012. If, by
August 20, 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 3rd day of August, 2012.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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