Hall, Eric v. Anderson, Richard et al
Filing
5
ORDER assessing initial partial filing fee of $ 10.66. Initial partial filing fee due 11/27/2012. Signed by Magistrate Judge Stephen L. Crocker on 10/31/2012. (elc),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
ERIC T. HALL,
Plaintiff,
v.
ORDER
12-cv-788-bbc
RICHARD ANDERSON, GREGORY GREGERSON,
BYRAN LEE, KRAMER, PETER JOHNSON,
RICHARD GEARHART, DITLEFSON,
MARK OTT, FRANK TOMLANOVICH,
CHARISE ROSGA-ANDERSON,
JOHN DOE (1), JOHN DOE (2),
J.B. VAN HOLLEN, MARIE BETH VARRIALE,
JENNIFER NAUGLE, SAMANTHA DELFOSSE,
DENISE JONES, MICHAEL FELTON,
JEFF MOESSNER, MELISSA BROWN and
KRISTI GRUEBELE,
Defendants.
Plaintiff Eric Hall, a prisoner at the Green Bay Correctional Institution in Green Bay,
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 filing
fee.
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 the average monthly balance in his account is $10.56, but 20% of the
average monthly deposits made to his account is $10.66. Because the greater of the two amounts
is 20% of the average monthly balance, or $10.66, 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 $10.66 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.
ORDER
IT IS ORDERED that plaintiff Eric Hall is assessed $10.66 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 $10.66 on or before November 27, 2012. If, by November 27,
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 date.
Entered this 31 st day of October, 2012.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge
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