Ellsworth, Michael v. Astrue, Michael
ORDER granting 1 petition for leave to proceed in forma pauperis on the condition that plaintiff pay an initial partial filing fee in the amount of $54.16. ( Initial partial filing fee due 2/22/2013.) Signed by Magistrate Judge Stephen L. Crocker on 1/28/2013. (jef)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
MICHAEL B. ELLSWORTH,
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Plaintiff Michael Ellsworth, a prisoner at the Jackson Correctional Institution in Black
River Falls, Wisconsin has filed a suit pursuant to 42 U.S.C. § 405(g) for review of a final
decision of the Commissioner of Social Security denying plaintiff’s application for social security
disability benefits. Plaintiff seeks to commence this lawsuit without prepayment of the filing
fees and costs or providing security therefor, pursuant to 28 U.S.C. § 1915. Plaintiff has
provided a six-month trust fund account statement
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.
In this case, 20% of the average monthly deposits is $26.79, but 20% of the average
monthly balance is $54.16. Because the greater of the two amounts is 20% of the average
monthly balance, or $54.16, that is the amount plaintiff will be assessed as an initial partial
payment of the filing fee. 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 $54.16 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.
Accordingly, IT IS ORDERED that Michael B. Ellsworth’s petition for leave to proceed
in forma pauperis is GRANTED on the condition that he pay an initial partial filing fee in the
amount of, $54.16. Plaintiff must pay the filing fee no later than February 22, 2013. If he fails
to do so, this action may be dismissed for his failure to prosecute it. Upon receipt of plaintiff’s
payment, the clerk of court shall issue summonses and forward them to plaintiff’s counsel for
Entered this 28th day of January, 2013.
BY THE COURT:
STEPHEN L. CROCKER
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