Harris, Thomas v. Schaller, et al
Filing
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ORDER on ifp request: Initial partial filing fee of $ 149.50 assessed. ( Initial partial filing fee due 7/12/2013.). Signed by Magistrate Judge Stephen L. Crocker on 6/20/2013. (voc),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
THOMAS HARRIS,
Plaintiff,
ORDER
v.
13-cv-408-wmc
C.O. SCHALLER, CAPTAIN HEITZKEY,
SERGEANT STEVENS, C.O. RHOADES,
C.O. VANLOO, C.O. C. FRAPPIER,
NURSE S. SEQUIN, NURSE M. VANTERKINTER,
WARDEN WILLIAM POLLARD,
MICHAEL DELVAUX and MARK STUTLEEN,
Defendants.
Plaintiff Thomas Harris, a prisoner incarcerated in the Stanley Correctional Institution
in Stanley, Wisconsin, has filed 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. 2). 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).
According to plaintiff’s trust fund account statement, 20% of the average monthly
deposits to his account is $8.70, but 20% of the average monthly balance is $149.50. Because
the greater of the two amounts is 20% of the average monthly balance, or $149.50, 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 $149.50
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 Thomas Harris for leave to proceed without
prepayment of fees (Dkt. # 2) is GRANTED.
2.
Plaintiff is assessed $149.50 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 $149.50 on or before July 12,
2013. Plaintiff is advised that if he fails to comply with this order (or show good
cause for any failure to comply), then the court will presume that plaintiff does
not wish to proceed and the court will dismiss this lawsuit without further notice
to plaintiff pursuant to Fed. R. Civ. P. 41(a).
4.
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 20th day of June, 2013.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge
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