Redmond, Rodney v. Laurent, Dawn et al
Filing
5
ORDER on ifp request: Initial partial filing fee of $ 1.08 assessed. Initial partial filing fee due 4/1/2013. Signed by Magistrate Judge Peter A. Oppeneer on 3/6/2013. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
RODNEY REDMOND,
Plaintiff,
ORDER
13-cv-145-wmc
v.
DAWN LAURENT, NICHOLAS BUHR,
DAN NORGE, MICHAEL MEISNER,
TIM DOUMA and DR. ANKARLO,
Defendants.
In response to this court’s February 27, 2013, order, plaintiff Rodney Redmond has
submitted a certified copy of his six-month trust fund account statement so that I can determine
whether he qualifies for indigent status and, if he does, calculate an initial partial payment of the
$350 fee for filing this case. 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 balance in his account is $0.72, but 20% of the
average monthly deposits made to his account is $1.08. Because the greater of the two amounts
is 20% of the average monthly deposits, or $1.08, 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 $1.08 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 Rodney Redmond is assessed $1.08 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 $1.08 on or before April 1, 2013. If, by April 1,
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 6th day of March, 2013.
BY THE COURT:
s/ Peter Oppeneer
PETER OPPENEER
Magistrate Judge
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?