Smith, Derrick v. Dickman, Robert et al

Filing 5

ORDER on ifp request: Initial partial filing fee of $ 20.18 assessed. Initial partial filing fee due 11/13/2012. Signed by Magistrate Judge Stephen L. Crocker on 10/22/2012. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE W ESTERN DISTRICT OF W ISCONSIN

DERRICK L. SM ITH,
Plaintiff,

ORDER

v.
12-cv-741-wmc
ROBERT (BOB) DICKM AN, M ELEE THAO, P.A. and
M ARATHON COUNTY JAIL M EDICAL STAFF,
DEB GLEASON, M EDICAL STAFF 2 JOHN DOE,
M ALE NURSES and M EDICAL STAFF JANE DOE, NURSE,
Defendants.
DERRICK L. SM ITH,
Plaintiff,

ORDER

v.
12-cv-742-wmc
ROBERT DICKM AN, W ILLIAM W . BEAUDRY,
DENNY C. W OODW ARD, GUARD TULLY,
R.J. AND OTHER GUARDS, DANIELLE,
SUPERVISORS PELLOW SKI, SCHAFFER and
OTHER SUPERVISORS,
Defendants.
DERRICK L. SM ITH,
Plaintiff,

ORDER

v.
12-cv-743-wmc
ROBERT (BOB) DICKM AN, EDM UND J. JELINSKI,
EDM UND J. JELINSKI LAW OFFICE and
EDM UND J. JELINSKI INSURANCE COM PANY,
Defendants.

Plaintiff Derrick Smith, a prisoner at the Dodge Correctional Institution in Waupun,
Wisconsin has submitted three proposed complaints 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 complaints in forma pauperis, plaintiff will have to make an initial partial payment of the
filing fee in each 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.
From the trust fund account statement plaintiff has submitted, I calculate his initial
partial payment in each case to be $20.18. If plaintiff does not have the money to make the
initial partial payments in his regular account, he will have to arrange with prison authorities to
pay some or all of the assessments from his release account. This does not mean that plaintiff
is free to ask prison authorities to pay all of his filing fees from his release account. The only
amount plaintiff must pay at this time is the $20.18 initial partial payment for each case. Before
prison officials take any portion of the amounts 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 payments to this court.

ORDER
IT IS ORDERED that
1. Plaintiff Derrick Smith is assessed $20.18 as an initial partial payment of the $350
fee for filing case no. 12-cv-741-wmc. He is to submit a check or money order made payable to
the clerk of court in the amount of $20.18 on or before November 13, 2012.

2. Plaintiff is assessed $20.18 as an initial partial payment of the $350 fee for filing case
no. 12-cv-742-wmc. He is to submit a check or money order made payable to the clerk of court
in the amount of $20.18 on or before November 13, 2012.
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3. Plaintiff is assessed $20.18 as an initial partial payment of the $350 fee for filing case
no. 12-cv-743-wmc. He is to submit a check or money order made payable to the clerk of court
in the amount of $20.18 on or before November 13, 2012.

4. If, by November 13, 2012, plaintiff fails to make the initial partial payments or show
cause for his failure to do so, he will be held to have withdrawn these actions voluntarily. In that
event, the clerk of court is directed to close the files without prejudice to plaintiff’s filing his
cases at a later date.

Entered this 22nd day of October, 2012.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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