Rowe, Michael v. Trish et al
ORDER on ifp request: Initial partial filing fee of $ 2.98 assessed. (Initial partial filing fee due 4/9/2014.) Signed by Magistrate Judge Peter A. Oppeneer on 3/14/2014. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
MICHAEL CORTEZ ROWE,
Case No. 14-cv-195-wmc
TRISH, DR. MARTIN, DR. HEINZYL, NURSE
JANE DOE, HSU UNIT MANAGER KAREN
ANDERSON, SGT. HAGG, LT. PITZEN, SGT.
HOOPER, LT. EXNER, LT. KARNA AND
NURSE DAVID SPANNAGEL,
Plaintiff Michael Cortez Rowe, a prisoner incarcerated at the Columbia Correctional
Institution in Portage, Wisconsin, has submitted a proposed civil action under 42 U.S.C. § 1983.
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. #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 $2.98, and 20% of the average
monthly deposits made to his account is $0.00. Because the greater of the two amounts is 20%
of the average monthly balance, or $2.98, 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 April 9, 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 $2.98 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 Michael Cortez Rowe is assessed $2.98 as an initial partial payment of
the $350.00 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 $2.98 on or before April 9, 2014.
If, by April 9, 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 14th day of March, 2014.
BY THE COURT:
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