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

Filing 83

ORDER granting plaintiff's request to proceed ifp on appeal. Plaintiff may have until September 18, 2014, in which to submit a check or money order made payable to the clerk of court in the amount of $2.49. Signed by Magistrate Judge Peter A. Oppeneer on 8/29/2014. (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 the court’s order of August 20, 2014, plaintiff Mustafa-El Ajala has
submitted a certified copy of his trust fund account statement so that a determination may
be made whether he is indigent for the purpose of proceeding on appeal in forma pauperis and
if he is, what amount must be assessed under the 1996 Prison Litigation Reform Act as an
initial partial payment of the fee for filing his appeal. In the August 20, 2014 order, the
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 in forma
pauperis.
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
$2.49 initial partial appeal 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 make sure they are aware they should send plaintiff's initial partial appeal
payment to this court.
1

ORDER
IT IS ORDERED that plaintiff Mustafa-El Ajala’s request for leave to proceed in forma
pauperis on appeal is GRANTED. Plaintiff may have until September 18, 2014, in which to
submit a check or money order made payable to the clerk of court in the amount of $2.49.
If, by September 18, 2014, 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 $2.49 initial partial payment and the remainder of the
$505 filing fee.

Entered this 29th day of August, 2014.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

2