Parrish, Kenneth v. McCulloch, Deborah et al

Filing 41

ORDER granting plaintiff's request for leave to proceed in forma pauperis on appeal. Plaintiff may have until May 5, 2014, in which to submit a check or money order made payable to the clerk of court in the amount of $27.16. Signed by Magistrate Judge Peter A. Oppeneer on 4/11/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
KENNETH PARRISH,
Plaintiff,

ORDER

v.
Case No. 12-cv-750-bbc

DEBORAH McCULLOCH and
WILLIAM PARKER,
Defendants.

As directed by this court’s order of April 1, 2014, plaintiff Kenneth Parrish has
submitted a certified copy of his resident account statement so that a determination may
be made whether he is indigent for the purpose of proceeding on appeal in forma pauperis
and if he is, what amount must be assessed. (In the April 1 order, this court found that
plaintiff’s appeal is not taken in bad faith.) This court uses one method for determining
the indigent status of all institutionalized persons, even those like plaintiff who are not
subject to the 1996 Prison Litigation Reform Act. See Longbehn v. United States, 169 F.3d
1082 (7th Cir. 1999).
From plaintiff’s trust fund account statement, I conclude that he qualifies for
indigent status. Further, I assess plaintiff an initial partial payment of the $505 fee for
filing his appeal in the amount of $27.16. Plaintiff should show a copy of this order to
institution officials to make sure they are aware they should send plaintiff's initial partial
appeal payment to this court.

ORDER
IT IS ORDERED that
1. Plaintiff Kenneth Parrish’s request for leave to proceed in forma pauperis on
appeal is GRANTED. Plaintiff may have until May 5, 2014, in which to submit a check
or money order made payable to the clerk of court in the amount of $27.16. If, by May
5, 2014, plaintiff fails to pay the initial partial payment or explain his failure to do so,
then I will advise the court of appeals of his noncompliance in paying the assessment so
that it may take whatever steps it deems appropriate with respect to this appeal.
Further, the clerk of court is requested to insure that the court’s financial records
reflect plaintiff’s obligation to pay the $27.16 initial partial payment and the remainder
of the $505 fee.

Entered this 11th day of April, 2014.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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