Helsel, Mark v. Columbia Corr. Institution H.S.U. Staff
Filing
7
ORDER on ifp request: Initial partial filing fee of $ 2.00 assessed. Initial partial filing fee due 11/19/2013. Signed by Magistrate Judge Peter A. Oppeneer on 10/30/2013. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
MARK JOSEPH HELSEL,
Plaintiff,
ORDER
13-cv-685-bbc
v.
COLUMBIA CORR. INSTITUTION
H.S.U. STAFF,
Defendant.
In response to this court’s October 1, 2013, order, plaintiff Mark Helsel has submitted
a 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 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.
In this case, 20% of the average monthly deposits in plaintiff’s account is $1.33, but 20%
of the average monthly balance is $2.00. Because the greater of the two amounts is 20% of the
average monthly deposits, or $2.00, 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 $2.00 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 Mark Helsel is assessed $2.00 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 $2.00 on or before November 19, 2013. If, by
November 19, 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’s office is directed to close this file without prejudice to plaintiff's filing his case at a later
date.
Entered this 30th day of October, 2013.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge
2
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