Smith, Torrie v. Eau Claire County Jail et al

Filing 4

ORDER assessing initial partial filing fee of $ 16.17. 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

TORRIE D. SMITH,
Plaintiff,
v.

ORDER
12-cv-955-wmc

EAU CLAIRE COUNTY JAIL,
TEROME THOMPSON,
EAU CLAIRE SHERIFF DPMT.,
ALL THE SGT. AND OFFICER THAT WORK
IN THE JAIL and LT. CHRISTIANSON,
Defendants.

Plaintiff Torrie Smith, an inmate at the Eau Claire County Jail in Eau Claire, Wisconsin,
has submitted a proposed complaint. He requests leave to proceed in forma pauperis. Because
plaintiff is detained, he is subject to the 1996 Prisoner Litigation Reform Act. This means that
before this court may decide whether he can proceed in forma pauperis, he will have to make an
initial partial payment of the $350 fee for filing this case. From the inmate account statement
plaintiff has submitted, I calculate his initial partial payment to be $16.17. Plaintiff should
show a copy of this order to jail officials to insure that they are aware they should send plaintiff’s
initial partial payments to this court. Once plaintiff’s payment has been received, his complaint
will be taken under advisement for screening to 28 U.S.C. § 1915(e)(2) to determine whether
the case must be dismissed either because the complaint is frivolous or malicious, fails to state
a claim on which relief may be granted or seeks monetary relief against a defendant who is
immune from such relief. Plaintiff will be notified promptly when such a decision has been
made.

ORDER
IT IS ORDERED that plaintiff Torrie Smith is assessed $16.17 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 $16.17 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to do so, he will be held to have withdrawn this action voluntarily.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

2