O'Dell, Jerry v. Watters, Steve et al

Filing 6

ORDER on ifp request: Initial partial filing fee of $ 13.95 assessed. Initial partial filing fee due 2/7/2013. Signed by Magistrate Judge Stephen L. Crocker on 1/16/2013. (jef),(ps)

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

JERRY O’DELL,
Plaintiff,

ORDER
12-cv-948-bbc

v.
STEVE WATTERS, DEB McCULLOCH,
KAY MORSE, STEPHANIE ARMITAGE and
JANET FAIT,
Defendants.

In response to this court’s January 3, 2013, order, plaintiff 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. From the trust fund account statement plaintiff has submitted, I calculate his initial partial
payment to be $13.95. Plaintiff should show a copy of this order to treatment facility officials
to insure that they are aware they should send plaintiff’s initial partial payment to this court.
Once plaintiff pays the amount I have determined he is able to prepay, that is just the
first step in obtaining leave to proceed in forma pauperis under 28 U.S.C. § 1915. After the court
receives his payments, the court will take plaintiff’s complaint under advisement for a
determination under § 1915(e)(2) whether his action or any portion of it must be dismissed as
frivolous or malicious, for failure to state a claim on which relief may be granted or because
plaintiff seeks monetary relief against a defendant who is immune from such relief.

ORDER
IT IS ORDERED that plaintiff Jerry O’Dell is assessed $13.95 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 $13.95 on or before February 7, 2013. If, by
February 7, 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to do so, he will be held to have withdrawn this action voluntarily.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 16th day of January, 2013.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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