Killebrew, Shondell v. Smith, Judy et al

Filing 10

ORDER denying plaintiff's 6 , 7 , 8 Requests to Waive Initial Partial Filing Fee. Initial partial filing fee due 3/17/2015. Signed by Magistrate Judge Peter A. Oppeneer on 2/26/2015. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
SHONDELL KILLEBREW,

v.

Plaintiff,

ORDER
Case No. 15-cv-052-jdp

JUDY P. SMITH, J. ZANON, S. MUSHA,
HANS KUSTER, E. NORMAN,
AND T. IKERT,
Defendants.

On February 2, 2015, I entered an order in this case directing plaintiff to submit a $0.91
initial partial payment of the filing fee. Subsequently, plaintiff submitted three letters asking the
court to waive the initial partial filing fee. (Dkts. ##6, 7, 8)
Because this court is bound by the provisions of the Prison Litigation Reform Act, 28
U.S.C. § 1915, which requires a partial payment, and because it is clear plaintiff’s initial partial
payment was calculated correctly pursuant to these provisions, plaintiff’s motion for the court to
waive the $0.91 initial partial filing fee in this case must be denied.
From his letters, it is clear that plaintiff does not believe he can make even a $0.91
payment from the funds currently available in his prison account. Because plaintiff may be able
to make the payment if he has more time, I will extend the payment to March 17, 2015. If,
plaintiff does not make the $0.91 payment, then I will conclude that plaintiff has withdrawn this
action.

ORDER
IT IS ORDERED that:
1.

Plaintiff’s requests for the court to waive the initial partial payment in this case

(dkts. #6, 7, 8) are DENIED.
2.

Plaintiff may have an enlargement of time to March 17, 2015, in which to submit

a check or money order payable to the clerk of court in the amount of $0.91. If, by March 17,
2015, plaintiff fails to make the initial partial payment, the clerk is directed to close this file
without prejudice to plaintiff’s filing his case at a later date.

Entered this 26th day of February, 2015.

BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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