Fox, Michelle v. Dane County et al

Filing 8

ORDER on ifp request: Initial partial filing fee of $ 23.18 assessed. Initial partial filing fee due 9/15/2014. Signed by Magistrate Judge Peter A. Oppeneer on 8/25/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
MICHELLE A. FOX,
Plaintiff,

ORDER

v.
Case No. 14-cv-541-jdp
DANE COUNTY, et al.
Defendants.

Plaintiff Michelle A. Fox has submitted a certified inmate trust fund account
statement for the six month period preceding her complaint. Accordingly, the court must
determine whether she qualifies for indigent status and, if she 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 her prison account in the six-month period immediately
preceding the filing of the complaint.
In this case, 20% of the average monthly balance is $23.18, and 20% of the average
monthly deposits made to her account is $15.46. Because the greater of the two amounts is
20% of the average monthly balance, or $23.18, 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 September 15, 2014.
If plaintiff does not have the money to make the initial partial payment in her regular
account, she will have to arrange with prison authorities to pay some or all of the assessment

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from his release account. This does not mean that plaintiff is free to ask prison authorities to
pay all of her filing fee from her release account. The only amount plaintiff must pay at this
time is the $23.18 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 Michelle A. Fox is assessed $23.18 as an initial partial payment of the

$350.00 fee for filing this case. She is to submit a check or money order made payable to the
clerk of court in the amount of $23.18 or advise the court in writing why she is not able to
submit the assessed amount on or before September 15, 2014.
2.

If, by September 15, 2014, plaintiff fails to make the initial partial payment or

show cause for her failure to do so, she will be held to have withdrawn this action voluntarily
and the case will be closed without prejudice to plaintiff's filing her 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 25th day of August, 2014.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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