Gober, Christopher v. Dept. of Community Corrections et al

Filing 5

ORDER assessing Initial partial filing fee of $ 5.48. Initial partial filing fee due 1/25/2013. Signed by Magistrate Judge Stephen L. Crocker on 1/3/2013. (elc),(ps)

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

CHRISTOPHER GOBER,
Plaintiff,

ORDER

v.
12-cv-949-wmc
DEPT. of COMMUNITY CORRECTIONS,
ERIC SWENSEN and DIANA LAGAR,
Defendants.
CHRISTOPHER GOBER,
Plaintiff,

ORDER

v.
13-cv-9-wmc
ERIC SWENSEN, DIANA LAGAR,
VERA CALUDRON and MICHELLE KRUGER,
Defendants.

Plaintiff Christopher Gober, a prisoner at the Fox Lake Correctional Institution in Fox Lake,
Wisconsin has submitted two proposed complaints 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
complaints in forma pauperis, plaintiff will have to make an initial partial payment of the filing fee in
each 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 in each case to be $5.48. If plaintiff does not have the money to make the initial partial
payments in his regular account, he will have to arrange with prison authorities to pay some or all

of the assessments from his release account. This does not mean that plaintiff is free to ask prison
authorities to pay all of his filing fees from his release account. The only amount plaintiff must pay
at this time is the $5.48 initial partial payment for each case. Before prison officials take any portion
of the amounts 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 payments to
this court.

ORDER
IT IS ORDERED that
1. Plaintiff Christopher Gober is assessed $5.48 as an initial partial payment of the $350 fee
for filing case no. 12-cv-949-wmc. He is to submit a check or money order made payable to the clerk
of court in the amount of $5.48 on or before January 25, 2013.

2. Plaintiff is assessed $5.48 as an initial partial payment of the $350 fee for filing case no.
13-cv-9-wmc. He is to submit a check or money order made payable to the clerk of court in the
amount of $5.48 on or before January 25, 2013.

3. If, by January 25, 2013, plaintiff fails to make the initial partial payments or show cause
for his failure to do so, he will be held to have withdrawn these actions voluntarily. In that event,
the clerk of court is directed to close the files without prejudice to plaintiff’s filing his cases at a later
date.
Entered this 3rd day of January, 2013.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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