Brown, John v. Clements, Marc

Filing 32

ORDER on appeal ifp request as to 20 Notice of Appeal / USCA Case Number 13-2517. Initial partial appeal filing fee of $ 60.18 assessed. Initial partial appeal filing fee due 8/26/2013. Signed by Magistrate Judge Peter A. Oppeneer on 8/5/2013. (jef),(ps) Modified text on 8/6/2013 (jef).

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

JOHN F. BROWN,
Petitioner,

ORDER

v.
12-cv-861-bbc
MARC CLEMENTS,
Respondent.

As directed in this court’s order of July 22, 2013, petitioner John Brown has submitted
a certified copy of his trust fund 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 as an initial partial payment of the fee for filing his appeal.
From petitioner’s trust fund account statement, I conclude that he qualifies for indigent
status. Further, I assess petitioner an initial partial payment of the $455 fee for filing his appeal
in the amount of $60.18.
If petitioner does not have the money to make the initial partial appeal 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. The only amount petitioner must pay at this time is the
$60.18 initial partial appeal payment. Before prison officials take any portion of that amount
from petitioner’s release account, they may first take from petitioner’s regular account whatever
amount up to the full amount petitioner owes. Petitioner should show a copy of this order to
prison officials to insure that they are aware they should send petitioner’s initial partial appeal
payment to this court.

ORDER
IT IS ORDERED that petitioner John Brown’s request for leave to proceed in forma
pauperis on appeal is GRANTED. Petitioner may have until August 26, 2013, in which to
submit a check or money order made payable to the clerk of court in the amount of $60.18. If,
by August 26, 2013, petitioner fails to pay the initial partial payment or explain his failure to
do so, then the court will advise the court of appeals of petitioner’s noncompliance in paying the
assessment so that it may take whatever steps it deems appropriate with respect to this appeal.
Entered this 5th day of August, 2013.

BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge