Carter, Jackie v. Miesner, Micheal et al

Filing 9

ORDER on ifp request: Initial partial filing fee of $ 63.54 assessed. Initial partial filing fee due 9/26/2012. Signed by Magistrate Judge Peter A. Oppeneer on 9/6/2012. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JACKIE CARTER,
ORDER

Plaintiff,

12-cv-574-wmc

v.
MICHAEL MIESNER, JANEL NICKEL,
DONALD MORGAN, LT. SCHOENBERG,
SGT. DONOVAN, SGT. BANDEKO,
JOANE LANE, MARY LIESER,
DALIA SULIENE and KAREN ANDERSON,
Defendants.

In response to this court's August 27,2012, order, plaintiff Jackie (1:arter has submitted
a certified copy of his six-month trust fund account statement so that I car). determine whether
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he qualifies for indigent status and, if he does, calculate an initial partial p~yment of the $350
fee for filing this case. In determining whether a prisoner litigant qualifie~ for indigent status
this court applies the formula set forth in 28 V.S.c. § 1915(b)(I). Accorqing to this formula,
a prisoner requesting leave to proceed in forma pauperis must prepay 20%

~f

the greater of the

average monthly balance or the average monthly deposits made to his prisop account in the sixmonth period immediately preceding the filing of the complaint.
In this case, 20% of the average monthly deposits is $16.25, \but 20% of the average
monthly balance is $63.54. Because the greater of the two amounts is 20% of the average
monthly balanc~, oS $6~.54, that is the all\()un\plaintiff will be assessed:as an initial partial
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payment of the filing fee. If plaintiff does not have the money to mak~ 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

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must pay at this time is the $63.54 initial partial payment.lefore prison officials take any
portion of that amount from plaintiffs release account. thJ may first take from plaintiffs
regular account whatever amount up to the full amount

plaint~ff owes. Plaintiff should show a
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copy of this order to prison officials to insure that they are arare they should send plaintiffs
initial partial payment to this court.

ORDER

IT IS ORDERED that plaintiff Jackie Carter is a s + $63.54 as an initial partial
payment of the $350 fee for filing this case. He is to subm t a check or money order made
payable to the clerk of court in the amount of $63.54 on or

fore September 26,2012. If, by

September 26, 2012, plaintiff fails to make the initial parti

payment or show cause for his

failure to do so, he will be held to have withdrawn this actio voluntarily. In that event, the
clerk of court is directed to close this file without prejudice t~lplaintiffs filing his case at a later

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dMe.

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Entered this ~Lway of September, 2012.

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BYTHECOUR~

PETER OPPEN!1 R
Magistrate Judge

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