Lindsey, Leighton v. Clark, T. et al

Filing 193

ORDER granting plaintiff's request for leave to proceed ifp on appeal. Initial partial appeal fee of $1.76 due 1/5/2015. Signed by District Judge Barbara B. Crabb on 12/15/2014. (jef),(ps)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - LEIGHTON D. LINDSEY, ORDER Plaintiff, 12-cv-923-bbc v. TANIA CLARK, DAVID GARDNER, ROBERT HABLE, TROY HERMANS, STACEY HOEM, MARY MILLER, SARAH MASON, SCOTT RUBIN ASCH, JENNIFER ANDERSON, JERRY SWEENEY, ANDRES NAGLE, DEANNA THEIN, MARLA WALTERS, KEVIN TRIPP, JEFFREY KNUPPLE, BURTON COX, JONI SHANNON-SHARPE, BRIAN KOOL and MELANIE HARPER, Defendants. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - As directed in this court’s order of November 14, 2014, plaintiff Leighton Lindsey 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 under the 1996 Prison Litigation Reform Act as an initial partial payment of the fee for filing his appeal. (In the November 14 order, I found that plaintiff’s appeal is not taken in bad faith and that he is not barred by the three strikes provision of 28 U.S.C. § 1915(g) from proceeding with his appeal in forma pauperis.) 1 From the trust fund account statement plaintiff submitted, 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 $1.76. If plaintiff 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 plaintiff must pay at this time is the $1.76 initial partial appeal 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 make sure they are aware they should send plaintiff’s initial partial appeal payment to this court. ORDER IT IS ORDERED that plaintiff Leighton Lindsey’s request for leave to proceed in forma pauperis on appeal is GRANTED. Plaintiff may have until January 5, 2015, in which to submit a check or money order made payable to the clerk of court in the amount of $1.76. If, by January 5, 2015, 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 $1.76 initial partial payment and the remainder of 2 the $505 fee in monthly installments. Entered this 15th day of December, 2014. BY THE COURT: /s/ BARBARA B. CRABB District Judge 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?