Carter, Tommie v. Waterman, Jolinda

Filing 5

ORDER granting plaintiff's 2 motion for leave to proceed without prepayment of fees. Initial partial filing fee of $ 3.60 assessed. Initial partial filing fee due 12/16/2013. Signed by Magistrate Judge Peter A. Oppeneer on 11/25/2013. (jef),(ps)

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

TOMMIE L. CARTER,
Plaintiff,
v.

ORDER
13-cv-742-wmc

JOLINDA J. WATERMAN,
Defendant.

In response to an order dated November 1, 2013, plaintiff Tommie Carter has
submitted a certified inmate trust fund account statement for six months preceding 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 trust fund account statement, 20% of the average monthly deposits
is $0.00, but 20% of the average monthly balance is $3.60. Because the greater of the two
amounts is 20% of the average monthly balance, or $3.60, this is the amount plaintiff will
be assessed as an initial partial payment of the filing fee. For this case to proceed, plaintiff
must submit this amount on or before December 16, 2013.

If plaintiff does not have the money to make the initial partial fee payment in his
regular account, he must arrange for prison officials to pay some or all of the assessment
from his release account. This does not mean that plaintiff is free to ask prison officials to
pay all of his filing fee from his release account. The only amount plaintiff must pay at this
time is the $3.60 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 ensure 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 Tommie Carter for leave to proceed without
prepayment of fees (Dkt. # 2) is GRANTED.

2.

Plaintiff is assessed $3.60 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 $3.60 on or before
December 16, 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).

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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 25th day of November, 2013.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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