Ajala, Mustafa-El v. Tom, Craig et al

Filing 140

ORDER granting plaintiff's request to proceed without prepayment of the appeal fee. Initial partial appeal fee of $2.79 due 10/28/2015. Signed by Magistrate Judge Peter A. Oppeneer on 10/9/2015. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
MUSTAFA-EL K.A. AJALA,
formerly known as Dennis E. Jones-El,
ORDER
Plaintiff,
v.

Case No. 13-cv-102-bbc

CRAIG TOM and MATTHEW SCULLION,
Defendants.

As directed by this court’s order of September 30, 2015, plaintiff Mustafa-El Ajala has
submitted a certified copy of his trust fund account statement so that a determination may
be made as to whether he is indigent for the purpose of proceeding on appeal without
prepayment of the $505 filing fee and, if so, what amount must be assessed under the 1996
Prison Litigation Reform Act as an initial partial payment of the fee. In the September 30,
2015 order, this court found that plaintiff’s appeal is not taken in bad faith and that he is not
barred by the three strikes provision of 28 U.S.C. § 1915(g) from proceeding with his appeal
without prepayment of the entire filing fee.
From the trust fund account statement plaintiff submitted, I conclude that plaintiff
qualifies for indigent status. Further, I assess plaintiff an initial partial payment of the $505
fee for filing the appeal in the amount of $2.79.
If plaintiff does not have the money to make the initial partial appeal 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. The only amount plaintiff must pay at this time is the
$2.79 initial partial appeal payment. Before prison officials take any portion of that amount

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from plaintiff's release account, they may first take from plaintiff's regular account whatever
amount up to the full amount plaintiff owes.

ORDER
IT IS ORDERED that plaintiff Mustafa-El Ajala’s request for leave to proceed without
prepayment of the $505 filing fee on appeal is GRANTED.

Plaintiff may have until

October 28, 2015, in which to submit a check or money order made payable to the clerk of
court in the amount of $2.79. If, by October 28, 2015, plaintiff fails to pay the initial partial
payment or explain his failure to do so, then I will advise the court of appeals of his
noncompliance in paying the assessment so that it may take whatever steps it deems
appropriate with respect to this appeal.
Further, the clerk of court is requested to insure that the court’s financial records
reflect plaintiff’s obligation to pay the $2.79 initial partial payment and the remainder of the
$505 fee.

Entered this 9th day of October, 2015.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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