Gulley, Dominique v. Jess, Cathy et al
Filing
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ORDER on ifp request: Initial partial filing fee of $ 0.08 assessed. Initial partial filing fee due 9/19/2014. Signed by Magistrate Judge Peter A. Oppeneer on 8/29/2014. (nln),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DOMINIQUE T. GULLEY,
Plaintiff,
ORDER
v.
Case No. 14-cv-598-wmc
CATHY AMANDA JESS, C.O. II BROWN-LUCAS,
AND JAMES RICHARD SCHWOCHERT,
Defendants.
Plaintiff Dominique T. Gulley a/k/a Ahmad T. Razeak, a prisoner in the custody of
the Wisconsin Department of Corrections, 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 filing 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 $0.08, and 20% of the average
monthly deposits made to his account is $0.00. Because the greater of the two amounts is
20% of the average monthly balance, or $0.08, 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 19, 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 $0.08 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 Dominique T. Gulley a/k/a Ahmad T. Razeak is assessed $0.08 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 $0.08 or advise the court in
writing why he is not able to submit the assessed amount on or before September 19, 2014.
2.
If, by September 19, 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 29th day of August, 2014.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge
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