Payano, Tony v. Potter, Thomas et al

Filing 4

ORDER assessing initial partial filing fee of $ 6.00. Initial partial filing fee due 1/28/2013. Signed by Magistrate Judge Stephen L. Crocker on 1/4/2013. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
_________________________________________________________________________________________
TONY PAYANO,
Plaintiff,
v.

ORDER
12-cv-889-bbc

THOMAS L. POTTER
and GREGORY D. GRAMS,
Defendants.

In response to this court’s December 14, 2012 order, plaintiff Tony Payano has
submitted a certified copy of his six-month trust fund account statement so that I can determine
whether he qualifies for indigent status and, if he does, calculate an initial partial payment of the
$350 fee for filing this 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 to be $6.00. 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 $6.00 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 Tony Payano is assessed $6.00 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 $6.00 on or before January 28, 2013. If, by
January 28, 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 4th day of January, 2013.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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