Gulley-Fernandez v. Johnson et al
Filing
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ORDER on ifp request: Initial partial filing fee of $ 0.06 assessed. ( Initial partial filing fee due 4/6/2015.) Plaintiff's 4 motion for counsel is denied. Signed by Magistrate Judge Peter A. Oppeneer on 3/13/15. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DOMINIQUE DEWAYNE GULLEYFERNANDEZ,
ORDER
Plaintiff,
v.
Case No. 15-cv-133-wmc
TRACY JOHNSON, et al.
Defendants.
Plaintiff Dominique DeWayne Gulley-Fernandez, 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 an inmate trust fund account statement in
support of the motion for leave to proceed without prepaying the fee. 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). Using
information for the relevant time period from plaintiff’s trust fund account statement, I
conclude plaintiff’s initial partial filing fee to be $0.06. For this case to proceed, plaintiff
must submit this amount on or before April 6, 2015.
If plaintiff does not have the money to make the initial partial payment in plaintiff’s
regular account, plaintiff will have to arrange with prison authorities to pay some or all of the
assessment from plaintiff’s release account. 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.
In addition, plaintiff has requested court assistance in recruiting counsel. Until the
court has screened the complaint, a motion requesting the assistance of volunteer counsel is
premature. Plaintiff may renew his request after this case has been screened required by the
Prison Litigation Reform Act, 28 U.S.C. § 1915A.
ORDER
IT IS ORDERED that,
1.
Plaintiff Dominique DeWayne Gulley-Fernandez is assessed $0.06 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 $0.06 or advise the court in
writing why plaintiff is not able to submit the assessed amount on or before April 6, 2015.
2.
If, by April 6, 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.
Plaintiff’s motion for assistance in the recruitment of counsel (Dkt. #4) is DENIED
without prejudice.
4.
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
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separate order will issue.
Entered this 13th day of March, 2015.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge
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