Thigpen, Tyrone v. Foust, William et al

Filing 4

ORDER on ifp request: Initial partial filing fee of $ 7.00 assessed. Initial partial filing fee due 2/10/2015. Signed by Magistrate Judge Peter A. Oppeneer on 1/20/2015. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
TYRONE THIGPEN,
Plaintiff,

ORDER

v.
Case No. 15-cv-35-jdp
JUDGE WILLIAM C. FOUST, et al.
Defendants.

Plaintiff Tyrone Thigpen, an inmate in the custody of the Dane County Jail, has
submitted a proposed civil action under 42 U.S.C. § 1983. Plaintiff has filed an inmate trust
fund account statement in support of the motion for leave to proceed without prepaying the
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, 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.
From the inmate account statement plaintiff has submitted, it is apparent that
plaintiff had only been in custody at the Dane County Jail for about a month before the filing
of the complaint. Using the information in the inmate account statement, I assess plaintiff’s
initial partial payment of the filing fee as $7.00. For this case to proceed, plaintiff must
submit this amount on or before February 10, 2015. Plaintiff should show a copy of this

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order to jail 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 Tyrone Thigpen is assessed $7.00 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 $7.00 or advise the court in writing why plaintiff is not
able to submit the assessed amount on or before February 10, 2015.
2.

If, by February 10, 2015, 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show cause for failure to do so, plaintiff will be held to have withdrawn this action voluntarily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 this 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 20th day of January, 2015.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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