Gruenberg, Darrin v. Tetzlaff, Lt. et al

Filing 3

ORDER on ifp request: Initial partial filing fee of $ 65.43 assessed. Initial partial filing fee due 3/13/2013. Signed by Magistrate Judge Peter A. Oppeneer on 2/12/2013. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DARRIN A. GRUENBERG,

ORDER
Plaintiff,
13-cv-95-wmc

v.
LT. TETZLAFF, CAPT. MORGAN,
JANEL NICKEL, TIM DOUMA,
CATHY JESS, MELLISSA ROBERTS,
CHARLES COLE and GARY HAMBLIN,
Defendants.

Plaintiff Darrin Gruenberg, a prisoner at the Wisconsin Secure Program Facility in
Boscobel, Wisconsin, has submitted a proposed complaint. He asks for leave to proceed informa

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 complaint informa

pauperis, plaintiff will have to make an initial partial payment of the filing fee.
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.
The trust fund account statement from another recently filed case by plaintiff shows that
20% of the average monthly deposits made to his account is $0.50, but 20% of the average
monthly balance is $65.43. Because the greater of the two amounts is 20% of the average
monthly balance, or $65.43, that is the am'o~nt plaintiff will be assessed as an initial partial
payment of the filing fee. Also, he must pay the remainder of the fee in monthly installments

even if his request for leave to proceed is denied. If plaintiff does not have themoney in his
regular account to make the initial partial payment, 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 $65.43 initial partial payment. Before
prison officials take any portion of that amount from plaintiffs 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 that
they should send plaintiffs initial partial payment to this court.

ORDER
IT IS ORDERED that plaintiff Darrin Gruenberg is assessed $65.43 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 $65.43 on or before March 13, 2013. If, by
March 13,2013, 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 plaintifrs filing his case at a later date.

Entered this 12 th day of February, 2013.
BY THE COURT:

~o~,
PETER OPPEN~ER
Magistrate Judge
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