Knowlin, Lee v. Gray, Dewayne et al

Filing 5

ORDER on ifp request: Initial partial filing fee of $ 20.20 assessed. Initial partial filing fee due 1/29/2013. Signed by Magistrate Judge Stephen L. Crocker on 1/7/2013. (jef),(ps)

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

LEE KNOWLIN,
Plaintiff,

ORDER

v.

12-cv-926-bbc

DEWAYNE GRAY, ANGELA ALT,
JAMES PARISI, MARTHA STACKER,
and MOLLY SULLIVAN OLSON,
Defendants.

Plaintiff Lee Knowlin, a prisoner at the Oakhill Correctional Institution in Oregon,
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.
From the trust fund account statement plaintiff has submitted, I calculate his initial
partial payment to be $20.20. 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 $20.20 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 Lee Knowlin is assessed $20.20 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 $20.20 on or before January 29, 2013. If, by
January 29, 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 7th day of January, 2013.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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