Karow, Thaddeus v. Heyde et al
Filing
4
ORDER on ifp request: Initial partial filing fee of $ 136.05 assessed. Initial partial filing fee due 6/30/2014. Signed by Magistrate Judge Peter A. Oppeneer on 6/3/2014. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
THADDEUS KAROW,
Plaintiff,
ORDER
v.
Case No. 14-cv-395-jdp
NURSE HEYDE, NURSE ANDERSON,
DOCTOR HANNULA, JANE DOE AND
JOHN DOES 1-10,
Defendants.
Plaintiff Thaddeus Karow, a prisoner incarcerated at the New Lisbon Correctional
Institution in New Lisbon, 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. #2). 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 $136.05, and 20% of the average
monthly deposits made to his account is $11.04. Because the greater of the two amounts is
20% of the average monthly balance, or $136.05, that is the amount plaintiff will be assessed
1
as an initial partial payment of the filing fee. For this case to proceed, plaintiff must submit
this amount on or before June 30, 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 $136.05 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 Thaddeus Karow is assessed $136.05 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 $136.05 on or before June 30, 2014.
2.
If, by June 30, 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.
2
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 3rd day of June, 2014.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?