Patrick, Millard v. State of Wisconsin

Filing 4

ORDER on ifp request: Initial partial filing fee of $ 11.30 assessed. Initial partial filing fee due 7/11/2013. Signed by Magistrate Judge Peter A. Oppeneer on 6/19/2013. (jef),(ps)

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
MILLARD PATRICK II,
Plaintiff,

v.

ORDER
I3-cv-422-wmc

STATE OF WISCONSIN,
Defendant.
Plaintiff Millard Patrick, a prisoner incarcerated in the Wisconsin Department of
Corrections at the Green Bay 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 informa pauperis statute, 28 U.S.C. § 1915(a), in which case the fee is $350. Plaintiff
has filed a motion for leave to proceed informa pauperis in this case. (Dkt. # 2). Mter
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. § 19I5(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)(I). 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).
Using information for the relevant time period from plaintiffs trust fund account
statement, which was submitted recently in another case (13-cv-231), 20% of the average
monthly deposits to plaintiffs account is $3.44, but 20% of the average monthly balance is
$11.30. Because the greater of the two amounts is 20% of the average monthly balance, or
$11.30, this is the amount plaintiffwill 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 11,2013.
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 $11.30 initial partial payment. Before prison officials take any portion of that
amount from plaintiffs release account, they may first take from plaintiffs 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 plaintiffs initial
partial payment to this court.

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ORDER
IT IS ORDERED that:
1.

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

2.

Plaintiff is assessed $11.30 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 $11.30 on or before
July 11,2013. Plaintiff is advised that, if he fails to comply as directed
or show cause of his failure to do so, the court will assume that he does
not wish to proceed and this case will be dismissed without further
notice pursuant to Fed. R. Civ. P. 41(a).

4.

No further action will be taken in this case until the court receives plaintiffs
initial partial filing fee as directed above and the court has screened the
complaint as required b~ 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 19th day of June, 2013.
BY THE COURT:

71t~
PETEROpEER
Magistrate Judge

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