Alvarado Reyes, Isreal v. Lyon, Kristine et al
ORDER on ifp request: Initial partial filing fee of $ 58.00 assessed. (Initial partial filing fee due 1/8/2014.) Signed by Magistrate Judge Peter A. Oppeneer on 12/17/2013. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
ISREAL ALVARADO REYES,
Case No. 13-cv-863-wmc
KRISTINE A. LYON, APNP
and WISCOSNIN DEPARTMENT OF
Plaintiff Isreal Alvarado Reyes, a prisoner incarcerated at the Stanley Correctional
Institution in Stanley, Wisconsin, has submitted a proposed civil action under 42 U.S.C.
§ 1983. With the exception of habeas corpus proceedings, the fee for civil actions filed after
May 1, 2013 is $400.00 unless a litigant qualifies as indigent under 28 U.S.C. § 1915, in
which case the fee is $350.00. Plaintiff has filed a certified copy of his inmate trust fund
account statement in support of his motion for leave to proceed without prepaying the fee.
(Dkt. # 2, # 3). After considering the motion and supporting documentation, the court
concludes that plaintiff qualifies for indigent status.
Even when a prisoner litigant qualifies for indigent status, he must pay a portion of
the fee returned by the formula set forth in 28 U.S.C. § 1915(b)(1).
According to this
formula, a prisoner litigant 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 balance is $58.00, but 20% of the average
monthly deposits made to his account is $12.87. Because the greater of the two amounts is
20% of the average monthly balance, or $58.00, that 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 January 8, 2014.
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 $58.00 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.
IT IS ORDERED that,
Plaintiff Isreal Alvarado Reyes is assessed $58.00 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 $58.00 on or before January 8, 2014.
If, by January 8, 2014, 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
and the case will be closed without prejudice to plaintiff's filing his case at a later date.
No further action will be taken in this case until the clerk’s office 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 17th day of December, 2013.
BY THE COURT:
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