McCormack, Alan v. Kutz, Kenneth et al
ORDER on ifp request: Initial partial filing fee of $ 31.16 assessed. Initial partial filing fee due 9/13/2012. Signed by Magistrate Judge Stephen L. Crocker on 8/21/2012. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
ALAN DAVID McCORMACK,
KENNETH L. KUTZ, WILLIAM NORINE,
BURNETT COUNTY OFFICE OF THE
DISTRICT ATTORNEY, WILLIAM A. DINGMANN,
ROBERT KELLBERG, DONALD L. TAYLOR,
BURNETT COUNTY SHERIFF’S DEPARTMENT,
UNKNOWN JOHN DOE BURNETT COUNTY
PUBLIC OFFICERS AND EMPLOYEES and
BURNETT COUNTY CIRCUIT COURT
Plaintiff Alan McCormack, a prisoner at the Fox Lake Correctional Institution in Fox
Lake, Wisconsin 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
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 plaintiff’s average monthly deposits is $20.27, but 20% of the
average monthly balance is $31.16. Because the greater of the two amounts is 20% of the
average monthly balance, or $31.16, 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 $31.16 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.
IT IS ORDERED that plaintiff Alan McCormack is assessed $31.16 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 $31.16 on or before September 13, 2012. If, by
September 13, 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
Entered this 21st day of August, 2012.
BY THE COURT:
STEPHEN L. CROCKER
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