Steed, Robert et al v. A-Unit 3rd Shift Officer et al

Filing 10

ORDER on ifp request: Initial partial filing fee of $144.92 as to Robert Steed, $164.67 as to Mafayette Fields, $213.18 as to Lawrence Northern, and $14.47 as to James Pittmon assessed. Initial partial filing fees due 11/24/2014. Signed by Magistrate Judge Peter A. Oppeneer on 11/5/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
ROBERT STEED, MAFAYETTE FIELDS,
LAWRENCE NORTHERN AND JAMES PITTMON,
ORDER
Plaintiffs,
v.

Case No. 14-cv-747-jdp

A-UNIT 3RD SHIFT OFFICER, C/O BURKE,
C/O HOLSCLAW, UNKNOWN 3RD SHIFT
SEGREGATION OFFICER, C/O THILL, RN FRISK,
RN JOHNSON, RN JULIE B. AND RN WARNER,
Defendants.

Plaintiffs, Robert Steed, Mafayette Fields, Lawrence Northern and James Pittmon,
prisoners in the custody of the Wisconsin Department of Corrections, have collectively
submitted a proposed civil action under 42 U.S.C. § 1983. Additionally, plaintiffs have filed
certified copies of their inmate trust fund account statements in support of each of their
motions for leave to proceed without prepaying the fee.

(Dkts. ##2, 4, 6, 8).

After

considering their motions and supporting documentation, the court concludes that plaintiffs
qualify for indigent status.
Even when a prisoner litigant qualifies for indigent status, the prisoner litigant 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 the prisoner’s account in the sixmonth period immediately preceding the filing of the complaint. Additionally, each prisoner
in a multiple plaintiff action must pay a separate filing fee. Boriboune v. Berge, 391 F.3d 852

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(7th Cir. 2004). Therefore, each plaintiff will be assessed a separate initial partial payment
of the $350.00 filing fee as follows:
As to plaintiff Robert Steed, 20% of the average monthly balance is $144.92, and
20% of the average monthly deposits made to plaintiff’s account is $25.57. Because the
greater of the two amounts is 20% of the average monthly balance, or $144.92, this is the
amount plaintiff Robert Steed is assessed as an initial partial payment of the filing fee.
As to plaintiff Mafayette Fields, 20% of the average monthly balance is $164.67, and
20% of the average monthly deposits made to plaintiff’s account is $2.67.

Because the

greater of the two amounts is 20% of the average monthly balance, or $164.67, this is the
amount plaintiff Mafayette Fields is assessed as an initial partial payment of the filing fee.
As to plaintiff Lawrence Northern, 20% of the average monthly balance is $213.18,
and 20% of the average monthly deposits made to plaintiff’s account is $7.09. Because the
greater of the two amounts is 20% of the average monthly balance, or $213.18, that is the
amount plaintiff Lawrence Northern is assessed as an initial partial payment of the filing fee.
As to plaintiff James Pittmon, 20% of the average monthly balance is $14.47, and
20% of the average monthly deposits made to plaintiff’s account is $3.52.

Because the

greater of the two amounts is 20% of the average monthly balance, or $14.47, that is the
amount plaintiff James Pittmon is assessed as an initial partial payment of the filing fee.
For this case to proceed, plaintiffs must submit their initial partial payments on or
before November 24, 2014.
If any of the plaintiffs do not have the money in their regular accounts to make the
initial partial payment, that plaintiff will have to arrange with prison authorities to pay some
or all of the assessment from that plaintiff’s release account. This does not mean that that
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plaintiff is free to ask prison authorities to pay all of the filing fee from the release account.
The only amount plaintiffs must pay at this time is the initial partial payment which has
been assessed to each. Before prison officials take any portion of that amount from each of
plaintiffs’ release accounts, they may first take from plaintiffs’ regular accounts whatever
amount up to the full amount each plaintiff owes. Each plaintiff should show a copy of this
order to prison officials to insure that they are aware they should send plaintiffs’ initial
partial payments to this court.

ORDER
IT IS ORDERED that,
1.

Plaintiff Robert Steed is assessed $144.92; plaintiff Mafayette Fields is

assessed $164.67; plaintiff Lawrence Northern is assessed $213.18; and plaintiff James
Pittmon is assessed $14.47, as initial partial payments of the $350.00 fees for filing this case.
Plaintiffs are to each submit a check or money order made payable to the clerk of court in the
amount of the initial partial payment assessed to them, or advise the court in writing why
one or more of the plaintiffs are not able to submit the assessed amount on or before
November 24, 2014.
2.

If, by November 24, 2014, one or more of the plaintiffs fails to make the

initial partial payment or show cause for failure to do so, that plaintiff will be held to have
withdrawn this action voluntarily and will be dismissed from this case without prejudice.

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3.

No further action will be taken in this case until the clerk’s office receives

plaintiffs’ initial partial filing fees 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 5th day of November, 2014.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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