Carter, Tommie v. Ashton, Sandra

Filing 2

ORDER on ifp request: Initial partial filing fee of $ 2.88 assessed. Initial partial filing fee due 7/22/2014. Signed by Magistrate Judge Peter A. Oppeneer on 7/1/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
TOMMIE L. CARTER,
Plaintiff,

ORDER

v.
Case No. 14-cv-469-wmc
SANDRA M. ASHTON,
Defendant.

TOMMIE L. CARTER,
Plaintiff,

ORDER

v.
Case No. 14-cv-470-wmc
BURTON COX AND
JOLINDA WATERMEN,
Defendants.

Plaintiff Tommie L. Carter, a prisoner in the custody of the Wisconsin Department of
Corrections, has filed two proposed civil complaints. In another case plaintiff recently filed
in this court, plaintiff was granted leave to proceed without prepayment of the filing fee and
assessed an initial partial payment of $2.88. Because plaintiff has not paid the filing fees for
filing the above captioned cases, he presumably seeks to proceed without prepayment of the
fees in these cases as well.

After considering plaintiff’s motion and supporting

documentation from his recently filed case, the court concludes that plaintiff still qualifies for
indigent status.
For these cases to proceed, plaintiff must submit $2.88 for each case on or before July
22, 2014. If plaintiff does not have the money to make the initial partial payments in his

regular account, he will have to arrange with prison authorities to pay some or all of the
assessments from his release account. This does not mean that plaintiff is free to ask prison
authorities to pay all of his filing fees from his release account. The only amount plaintiff
must pay at this time is the $2.88 initial partial payments for each case.

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 payments to this court.

ORDER
IT IS ORDERED that,
1.

Plaintiff Tommie L. Carter is assessed $2.88 as an initial partial payment of

the $350.00 fee for filing case 14-cv-469-wmc. He is to submit a check or money order made
payable to the clerk of court in the amount of $2.88 on or before July 22, 2014.
2.

Plaintiff Tommie L. Carter is assessed $2.88 as an initial partial payment of

the $350.00 fee for filing case 14-cv-470-wmc. He is to submit a check or money order made
payable to the clerk of court in the amount of $2.88 on or before July 22, 2014.
3.

If, by July 22, 2014, plaintiff fails to make the initial partial payments or show

cause for his failure to do so, he will be held to have withdrawn these actions voluntarily and
the cases will be closed without prejudice to plaintiff's filing his cases at a later date.
4.

No further action will be taken in these cases until the clerk’s office receives

plaintiff’s initial partial filing fees as directed above and the court has screened the

complaints as required by the PLRA, 28 U.S.C. § 1915A.
complete, a separate order will issue.

Entered this 1st day of July, 2014.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

Once the screening process is