Jarnigan, William v. Johnson, Nicole et al

Filing 9

ORDER on ifp request: Initial partial filing fee of $ 2.33 assessed. Initial partial filing fee due 10/6/2014. Signed by Magistrate Judge Peter A. Oppeneer on 9/12/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
WILLIAM JARNIGAN,
Plaintiff,

ORDER

v.
Case No. 14-cv-597-jdp
NICOLE JOHNSON, GERE HEIM,
CHARMAIN J. KLYVE AND
JODI TIMMERMAN,
Defendants.

In response to this court’s September 3, 2014 order, plaintiff William Jarnigan has
submitted an inmate trust fund account statement from the Rock County Jail. 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 inmate account in the six-month period immediately
preceding the filing of the complaint.
From the inmate account statement that plaintiff has submitted, I calculate his initial
partial payment to be $2.33. For this case to proceed, plaintiff must submit this amount on
or before October 6, 2014. Plaintiff should show a copy of this order to jail officials to insure
that they are aware they should send plaintiff’s initial partial payment to this court.

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ORDER
IT IS ORDERED that,
1.

Plaintiff William Jarnigan is assessed $2.33 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 $2.33 or advise the court in writing why he is not able to
submit the assessed amount on or before October 6, 2014.
2.

If, by October 6, 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show cause for his failure to do so, he will be held to have withdrawn this action voluntarily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.
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 12th day of September, 2014.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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