Theus, Jerome v. Racine Correctional et al
Filing
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ORDER on ifp request: Initial partial filing fee of $ 2.50 assessed. Initial partial filing fee due 10/21/2013. Signed by Magistrate Judge Peter A. Oppeneer on 9/30/2013. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JEROME ANTHONY THEUS,
Plaintiff,
ORDER
v.
13-cv-681-bbc
RACINE CORRECTIONAL, MS. WIGAND,
MR. KEMPER, MR. HOWARD and
MR. MALONE,
Defendants.
Plaintiff Jerome Anthony Theus, a prisoner at the Racine Correctional Institution in
Sturtevant, Wisconsin has submitted a proposed complaint under 42 U.S.C. § 1983. He asks
for leave to proceed in forma pauperis. Because plaintiff is a prisoner, he is subject to the 1996
Prisoner Litigation Reform Act. This means that before this court may decide whether he can
proceed with his complaint in forma pauperis, plaintiff will have to make an initial partial payment
of the filing fee.
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 six-month
period immediately preceding the filing of the complaint.
In this case, 20% of the average monthly deposits made to his account is $0.78, but 20%
of the average monthly balance in his account is $2.50. Because the greater of the two amounts
is 20% of the average monthly balance, or $2.50, that is the amount plaintiff will be assessed as
an initial partial payment of the filing fee. 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 $2.50 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 insure that they are aware they should
send plaintiff’s initial partial payment to this court.
ORDER
IT IS ORDERED that plaintiff Jerome Anthony Theus is assessed $2.50 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 $2.50 on or before October 21, 2013. If,
by October 21, 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 30th day of September, 2013.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge
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