Hall, Gable v. Melby, David

Filing 7

ORDER granting plaintiff's 5 for leave to proceed without prepayment of fees. Initial partial filing fee of $ 8.29 assessed. Initial partial filing fee due 7/12/2013. Signed by Magistrate Judge Stephen L. Crocker on 6/21/2013. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
GABLE D. HALL,
Plaintiff,
v.

ORDER
13-cv-385-wmc

DAVID MELBY,
Defendant.

Plaintiff Gable Hall, a prisoner incarcerated in the Wisconsin Department of Corrections
at the Columbia Correctional Institution, has submitted a proposed civil action under 42 U.S.C.
§ 1983. With the exception of habeas corpus proceedings, the fee for civil actions filed after May
1, 2013 is $400 unless a litigant qualifies as indigent under the federal in forma pauperis statute,
28 U.S.C. § 1915(a), in which case the fee is $350. Plaintiff has filed a motion for leave to
proceed in forma pauperis in this case. (Dkt. # 5). After considering the motion and supporting
documentation, the court concludes that plaintiff qualifies for indigent status for reasons set
forth briefly below.
Because plaintiff is incarcerated, his case is governed by the Prisoner Litigation Reform
Act (PLRA), 28 U.S.C. § 1915(b), which requires indigent inmates to pay by installment the
entire filing fee for civil actions and appeals. The federal in forma pauperis statute does not permit
a court to waive a prisoner’s entire obligation to pay filing fees, but it does allow a qualifying
individual to proceed without prepaying some or all of the filing fee. To determine whether a
prisoner qualifies for indigent status for purposes of the PLRA, 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 other words, he must make an initial partial payment
of the filing fee before the court will consider his complaint. Thereafter, he shall be required to
make monthly installment payments from his trust fund account. 28 U.S.C. § 1915(b)(2).
From plaintiff’s trust fund account statement, 20% of the average monthly deposits to
plaintiff’s account is $3.20, but 20% of the average monthly balance is $8.29. Because the
greater of the two amounts is 20% of the average monthly balance, or $8.29, this is the amount
plaintiff will be assessed as an initial partial payment of the filing fee. For this case to proceed,
plaintiff must submit this amount on or before July 12, 2013.
If plaintiff does not have the money to make the initial partial fee payment in his regular
account, he must arrange for prison officials to pay some or all of the assessment from his release
account. This does not mean that plaintiff is free to ask prison officials to pay all of his filing fee
from his release account. The only amount plaintiff must pay at this time is the $8.29 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 ensure that
they are aware they should send plaintiff’s initial partial payment to this court.

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ORDER
IT IS ORDERED that:
1.

The motion filed by plaintiff Gable Hall for leave to proceed without
prepayment of fees (Dkt. # 5) is GRANTED.

2.

Plaintiff is assessed $8.29 as an initial partial payment of the $350 fee for
filing this case as an indigent litigant. He shall submit a check or money
order made payable to the “Clerk of Court” in the amount of $8.29 on or
before July 12, 2013. Note well: If plaintiff fails to comply with this
order (or show good cause for any failure), then the court will
presume that he does not wish to proceed with this lawsuit and the
court will dismiss this lawsuit without further notice to plaintiff,
pursuant to Fed. R. Civ. P. 41(a).

3.

No further action will be taken in this case until the court receives
plaintiff’s initial partial filing fee as directed above and the court has
screened the complaint as required by the PLRA, 28 U.S.C. § 1915A.
Once the screening process is complete, a separate order will issue as soon
as practicable depending on the demands of this court’s heavy docket.

Entered this 21st day of June, 2013.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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