Cheek, Joshua v. Beeman, Jen et al

Filing 4

ORDER on ifp request: Initial partial filing fee of $ 5.07 assessed. Initial partial filing fee due 8/15/2013. Signed by Magistrate Judge Peter A. Oppeneer on 7/26/2013. (jef),(ps)

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

JOSHUA J. CHEEK,
v.

Plaintiff,

JEN BEEMAN and MENDOTA HOSPITAL,

ORDER
13-cv-527-bbc

Defendants.

Plaintiff Joshua Cheek, a patient at the Mendota Mental Health Institute in Madison
Wisconsin, has filed a proposed complaint under 42 U.S.C. § 1983. In addition, he has
submitted a motion for leave to proceed in forma pauperis and a resident account statement,
covering the time period from April 1, 2013 to June 30, 2013, in support of his motion.
This court uses one method for determining the indigent status of all institutionalized
persons, even those like plaintiff who are not subject to the 1996 Prison Litigation Reform Act.
See Longbehn v. United States, 169 F.3d 1082 (7th Cir. 1999). From a six-month resident account
statement covering the full six-month period immediately preceding the filing of the plaintiff’s
complaint, the court calculates two amounts, 20% of the plaintiff’s average monthly income and
20% of the plaintiff’s average monthly balance. Whichever amount is greater is the amount the
plaintiff will have to prepay toward the $350 filing fee.1 He will qualify for indigent status with
respect to the remainder of the fee. (The in forma pauperis statute does not permit a court to
waive entirely a plaintiff’s obligation to pay filing fees. All it does is allow a court to grant

1

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.

qualifying individuals leave to proceed without prepaying some or all of the filing fee.)
From the trust fund account statement plaintiff has submitted, I calculate his initial
partial payment to be $5.07. Plaintiff should show a copy of this order to treatment facility
officials to insure that they are aware they should send plaintiff’s initial partial payment to this
court.
Once plaintiff pays the amount I have determined he is able to prepay, that is just the
first step in obtaining leave to proceed in forma pauperis under 28 U.S.C. § 1915. After the court
receives his payments, the court will take plaintiff’s complaint under advisement for a
determination under § 1915(e)(2) whether his action or any portion of it must be dismissed as
frivolous or malicious, for failure to state a claim on which relief may be granted or because
plaintiff seeks monetary relief against a defendant who is immune from such relief.
ORDER
IT IS ORDERED that plaintiff Joshua Cheek is assessed $5.07 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 $5.07 on or before August 15, 2013. If, by August
15, 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 26th day of July 2013.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

2