McCaa, Randy v. Nickel, Janel et al
Filing
5
ORDER on ifp request: Initial partial filing fee of $ 7.00 assessed. Initial partial filing fee due 8/27/2013. Signed by Magistrate Judge Peter A. Oppeneer on 8/5/2013. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
RANDY McCAA,
Plaintiff,
ORDER
13-cv-504-bbc
v.
MICHEAL MEISNER, JANEL NICKEL,
DONALD MORGEN, BRAIN FRANSON,
TIM ZIEGLER, L.T. MORRISON and
TINA MARTIN,
Defendants.
In response to the July 17, 2013, order, plaintiff Randy McCaa 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 an initial partial payment of the $350 fee for filing
this case in forma pauperis. 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 sixmonth period immediately preceding the filing of the complaint.
From plaintiff’s trust account statement, I have calculated plaintiff’s initial partial
payment to be $7.00. If plaintiff does not have the money to make the initial partial payment
in his regular account, he will have to arrange with prison authorities to pay some or all of the
assessment from his release account. This does not mean that plaintiff is free to ask prison
authorities to pay all of his filing fee from his release account. The only amount plaintiff must
pay at this time is the $7.00 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 insure that they are aware they should send plaintiff’s initial partial
payment to this court.
ORDER
IT IS ORDERED that plaintiff Randy McCaa is assessed $7.00 as an initial partial
payment of the $350 fee for filing this case. He is to submit a check or money order made
payable to the clerk of court in the amount of $7.00 on or before August 27, 2013. If, by
August 27, 2013, plaintiff fails to make the initial partial payment or show cause for his failure
to do so, he will be held to have withdrawn this action voluntarily. In that event, the clerk of
court is directed to close this file without prejudice to plaintiff's filing his case at a later date.
Entered this 5th day of August, 2013.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge
2
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