Rivera, Jessie v. Dr. R. Gupta

Filing 4

ORDER on ifp request: Initial partial filing fee of $ 31.68 assessed. Initial partial filing fee due 2/15/2013. Signed by Magistrate Judge Stephen L. Crocker on 1/25/2013. (jef),(ps)

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

JESSIE RIVERA,
Plaintiff,
v.

ORDER
13-cv-56-wmc

US DEPARTMENT OF JUSTICE
FEDERAL BUREAU OF PRISONS,
Defendant.

Plaintiff Jessie Rivera, a prisoner at the Federal Correctional Institution in Oxford,
Wisconsin, has submitted a proposed complaint. Plaintiff asks for leave to proceed in forma
pauperis. Because he is a prisoner, plaintiff 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, he will have to make an initial partial payment of the filing fee.
From the trust fund account statement plaintiff has submitted, I calculate his initial
partial payment to be $31.68. Plaintiff is reminded that paying the amount I have determined
he is able to prepay is just the first step in obtaining leave to proceed in forma pauperis under
28 U.S.C. § 1915. After the court receives plaintiff’s payment, his complaint will be taken under
advisement for a determination under § 1915(e)(2) whether the 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.
Plaintiff should show a copy of this order to prison officials to insure that they know that they
should send plaintiff’s initial partial payment to this court.

ORDER
IT IS ORDERED that plaintiff Jessie Rivera is assessed $31.68 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 $31.68 on or before February 15, 2013. If, by
February 15, 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to do so, he will be held to have withdrawn this action voluntarily.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 25th day of January, 2013.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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