Boruch, Chase v. Webster, Nevin

Filing 3

ORDER on ifp request: Initial partial filing fee of $ 17.85 assessed. Initial partial filing fee due 1/3/2013. Signed by Magistrate Judge Stephen L. Crocker on 12/11/2012. (jef),(ps)

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

CHASE BORUCH,
Plaintiff,
v.

ORDER
12-cv-873-wmc

NEVIN WEBSTER,
Defendant.

Plaintiff Chase Boruch, a prisoner at the Waupun Correctional Institution in Waupun,
Wisconsin has submitted a proposed complaint and motion for temporary restraining order
against his institution’s law librarian. He says in his cover letter that he has also filed these
documents in Dane County Circuit Court. Plaintiff has neither paid the $350 filing fee for filing
a civil action nor submitted a request for leave to proceed in forma pauperis. Therefore, I construe
plaintiff’s complaint to include a request for leave to proceed in forma pauperis. The court will
delay its decision on the request until plaintiff pays an initial partial payment of the $350 filing
fee as required by 28 U.S.C. § 1915(b) and the 1996 Prison Litigation Reform Act.
From the trust fund account statement plaintiff has submitted, I calculate his initial
partial payment to be $17.85. 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 $17.85 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 Chase Boruch is assessed $17.85 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 $17.85 on or before January 3, 2013. If, by
January 3, 2013, 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to do so, he will be held to have withdrawn this action voluntarily.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 11th day of December, 2012.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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