McGraw, Joseph v. Marco, Terri et al
Filing
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ORDER on ifp request: Initial partial filing fee of $ 56.03 assessed. Initial partial filing fee due 5/5/2014. Signed by Magistrate Judge Peter A. Oppeneer on 4/9/2014. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JOSEPH MCGRAW,
Plaintiff,
ORDER
v.
Case No. 14-cv-253-wmc
TERRI MARCO AND BRENDA CLARK,
Defendants.
Plaintiff Joseph McGraw has submitted a certified inmate trust fund account
statement for the six month period 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 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 $56.03, and 20% of the
average monthly deposits made to his account is $18.91. Because the greater of the
two amounts is 20% of the average monthly balance, or $56.03, 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 May 5, 2014.
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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 $56.03 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,
1.
Plaintiff Joseph McGraw is assessed $56.03 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 $56.03 or advise the court in writing
why he is not able to submit the assessed amount on or before May 5, 2014.
2.
If, by May 5, 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.
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3.
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 9th day of April, 2014.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge
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