Castaneda, Armando v. Doe, John et al
Filing
7
ORDER assessing Initial partial filing fee of $ 203.79. Initial partial filing fee due 3/22/2013. Signed by Magistrate Judge Peter A. Oppeneer on 2/28/2013. (elc),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
ARMANDO CASTANEDA,
Plaintiff,
ORDER
v.
13-cv-134-wmc
JOHN DOE and TIM HAINES,
Defendants.
Plaintiff Armando Castaneda , a prisoner at the Wisconsin Secure Program Facility in
Boscobel, Wisconsin has submitted a proposed complaint under 42 U.S.C. § 1983. He asks for
leave to proceed in forma 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 in forma 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.
In this case, 20% of the average monthly deposits made to his account is $26.76, but
20% of the average monthly balance in his account is $203.79. Because the greater of the two
amounts is 20% of the average monthly balance, or $203.79, 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 $203.79 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.
ORDER
IT IS ORDERED that plaintiff Armando Castaneda is assessed $203.79 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 $203.79 on or before March 22, 2013. If,
by March 22, 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 28th day of February, 2013.
BY THE COURT:
s/ Peter Oppeneer
PETER OPPENEER
Magistrate Judge
2
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