Williams, Jessie v. Raip
Filing
7
ORDER on ifp request: Complaint taken under advisement for screening. Signed by Magistrate Judge Peter A. Oppeneer on 5/2/2013. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JESSIE WILLIAMS,
Plaintiff,
ORDER
13-cv-247-bbc
v.
DR. RAIP,
Defendant.
JESSIE WILLIAMS,
Plaintiff,
ORDER
13-cv-248-bbc
v.
C.O. JONES and BRAEMER,
Defendants.
JESSIE WILLIAMS,
Plaintiff,
ORDER
13-cv-290-bbc
v.
TONY MEIL,
Defendant.
Plaintiff Jessie Williams, a prisoner at the Waupun Correctional Institution in Waupun,
Wisconsin has submitted three proposed complaints to this court. He requests leave to proceed
in forma pauperis in each of his cases and 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 initial partial payments of the $350 fee for filing each case. 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 in forma pauperis, he will have to make initial
partial payments of the filing fees for each action.
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.
From plaintiff's trust fund account statement, it appears that plaintiff presently has no
means with which to make initial partial payments of the $350 fee for filing each complaint.
However, plaintiff should be aware that he is obligated to pay the $350 filing fee for each case,
even if this court determines that he will not be permitted to proceed with his complaints in forma
pauperis and even if he does not presently have funds with which to pay the fees.
28 U.S.C. § 1915(b)(1). His account will be monitored and the fee for each case must be taken
in monthly installments when the funds exist.
Accordingly, IT IS ORDERED that plaintiff’s complaints are taken under advisement.
As soon as the court’s calendar permits, plaintiff’s complaints will be screened pursuant to
28 U.S.C. § 1915(e)(2). Leave to proceed in forma pauperis will not be granted if the action must
be dismissed as malicious or legally “frivolous,” a term that means that the complaint does not
allege a claim of any kind. Leave can be denied also if the complaint does not state a claim on
which plaintiff could obtain relief under the law or if plaintiff is asking for money from a
2
defendant who is legally protected from having to pay money in his case. Plaintiff will be
notified promptly when such a decision has been made.
Further, the Clerk of Court is requested to insure that the court’s financial records reflect
that plaintiff owes the $350 fee for filing each of these three cases, in accordance with the
requirements of the Prison Litigation Reform Act.
Entered this 2nd day of May, 2013.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge
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