Myles, Samuel v. Gupta, Ravi et al

Filing 5

ORDER on ifp request: Initial partial filing fee of $ 7.31 assessed. Initial partial filing fee due 11/7/2014. Signed by Magistrate Judge Peter A. Oppeneer on 10/17/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
SAMUEL HAYWOOD MYLES,
Plaintiff,

ORDER

v.
Case No. 14-cv-661-bbc
MEDICAL STAFF DOCTOR RAVI GUPTA
AND UNKNOWN NAME MEDICAL
STAFF PHARMACIST,
Defendants.

Plaintiff Samuel Haywood Myles has submitted an inmate trust fund account
statement for the six month period preceding his complaint. Accordingly, the court must
determine whether plaintiff qualifies for indigent status and, if so, 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 the prisoner’s account in the six-month period
immediately preceding the filing of the complaint.
From plaintiff’s trust fund account statement, I calculate the initial partial payment of
his filing fee to be $7.31. For this case to proceed, plaintiff must submit this amount on or
before November 7, 2014. 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.

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ORDER
IT IS ORDERED that,
1.

Plaintiff Samuel Haywood Myles is assessed $7.31 as an initial partial payment

of the $350.00 fee for filing this case. Plaintiff is to submit a check or money order made
payable to the clerk of court in the amount of $7.31 or advise the court in writing why
plaintiff is not able to submit the assessed amount on or before November 7, 2014.
2.

If, by November 7, 2014, plaintiff fails to make the initial partial payment or

show cause for failure to do so, plaintiff will be held to have withdrawn this action voluntarily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 17th day of October, 2014.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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