Pitts, Albert v. State of Wisconsin et al

Filing 5

ORDER granting plaintiff's request for leave to proceed without prepayment of fees. Initial partial filing fee of $ 44.00 assessed. ( Initial partial filing fee due 12/12/2013.) Signed by Magistrate Judge Peter A. Oppeneer on 11/20/2013. (jef),(ps)

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

ALBERT PITTS JR.,
Plaintiff,

ORDER
13-cv-725-wmc

THE STATE OF WISCONSIN,
DONALD J. HASSIN JR.,
DET. CRAIG DRUMMY,
KEVIN M. OSBORNE,
JENNIFER BAGDONGS and
JORGE R. FRAGOSO,
Defendants.

In response to an order dated October 30, 2013, plaintiff Albert Pitts, Jr. has
submitted a copy of his inmate account statement for the period preceding the filing of his
complaint. Accordingly, the court must determine whether he qualifies for indigent status
and, if he does, calculate an initial partial payment of the $350.00 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 an initial partial filing fee
that consists of 20% of the greater of - - (A) the average monthly deposits to his account; or
(B) the average monthly balance in his account for the six-month period immediately
preceding the filing of the complaint.
From plaintiff’s inmate account statement, the court calculates his initial partial
payment to be $44.00. For this case to proceed, plaintiff must submit this amount on or
before December 12, 2013. Plaintiff should show a copy of this order to jail officials to insure
that they are aware they should send plaintiff’s initial partial payment to this court.

ORDER
IT IS ORDERED that:
1.

The motion filed by plaintiff Albert Pitts, Jr. for leave to proceed without
prepayment of fees (Dkt. # 2) is GRANTED.

2.

Plaintiff is assessed $44.00 as an initial partial payment of the $350.00 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 $44.00 on or before
December 12, 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).

3.

No further action will be taken in this case until the court receives plaintiff’s
initial partial filing fee as directed above and the court has screened the
complaint as required by the PLRA, 28 U.S.C. § 1915A. Once the screening
process is complete, a separate order will issue.

Entered this 20th day of November, 2013.

BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge
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