Riker, Sean v. Riker, Tayler
Filing
5
ORDER on ifp request: Initial partial filing fee of $ 10.58 assessed. Initial partial filing fee due 9/24/2012. Signed by Magistrate Judge Peter A. Oppeneer on 9/4/2012. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
SEAN ANTHONY RIKER
Plaintiff,
v.
ORDER
12-cv-641-bbc
TAYLER ANNE RIKER,
Defendant.
Plaintiff Sean Riker, a prisoner at the Wisconsin Secure Program Facility in Boscobel,
Wisconsin has submitted a proposed complaint against his former wife, a resident of Colorado,
for slander and defamation. He asks for leave to proceed informa 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 informa pauperis, plaintiff will have
to make an initial partial payment of the filing fee.
In determining whether a prisoner litigant qualifies for indigent status this court applies
the formula set forth in 28 U.S.c. ยง 1915(b)(I). 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 t~ av~rag~mo~thly1?ala~ce is $2.68, but 20% of the average
monthly deposits made to his account is $10.58. Because the greater of the two amounts is 20%
of the average monthly deposits, or $10.58, 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 $10.58 initial partial paYment. Before prison officials take
any portion of that amount from plaintiffs release account, they may first take from plaintiffs
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 Sean Riker is assessed $10.58 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 $10.58 on or before September 24,2012. If, by September 24,
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 plaintiffs filing his case at a later date.
Entered this~ day of September, 2012.
BY THE COURT:
-a.i-Jd.~
PETER OPPENEER
Magistrate Judge
2
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