McNeal, Charles v. Weichbrad, Paul

Filing 6

ORDER granting plaintiff's 2 request for leave to proceed without prepayment of fees. Initial partial filing fee of $ 1.00 assessed. Initial partial filing fee due 7/11/2013. Signed by Magistrate Judge Stephen L. Crocker on 6/20/2013. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

CHARLES S. McNEAL,
Plaintiff,

ORDER

v.
13-cv-419-wmc
LT. PAUL WEICHBROD,
Defendant.

Plaintiff Charles McNeal, an inmate in the custody of the Green County Sheriff’s
Department at the Green County Jail in Monroe, Wisconsin, 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. 2). After considering the motion and supporting
documentation, the court concludes that plaintiff qualifies for indigent status for the reasons set
forth 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 complaint, he has only been at the Green County Jail since April 17,
2013. From the account statement that he submitted with this complaint, 20% of the average
monthly deposits to plaintiff’s account is $1.00. For this case to proceed, plaintiff must pay this
amount on or before July 11, 2013.

ORDER
IT IS ORDERED that:
1.

The motion filed by plaintiff Charles McNeal for leave to proceed without
prepayment of fees (Dkt. # 2) is GRANTED.

2.

Plaintiff is assessed $1.00 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 $1.00 on or
before July 11, 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).

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 20th day of June, 2013.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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