Owens, Anthony v. Agrawal, Sanjay et al

Filing 4

ORDER on ifp request: Initial partial filing fee of $ 52.71 assessed. (Initial partial filing fee due 3/27/2015.) Signed by Magistrate Judge Peter A. Oppeneer on 3/6/2015. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
ANTHONY OWENS,
Plaintiff,

ORDER

v.
Case No. 15-cv-149-wmc
SANJAY AGRAWAL, PAUL J. D’AGROSA,
DEAN J. SAUER, JAMES C. DELWORTH,
JENNIFER A. WINFIELD, SIRENA M.
WISSLER, AND ALL UNKNOWN JOHN
AND JANE DOES TO THE ACTION,
Defendants.

Plaintiff Anthony Owens 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). Using information for the relevant
time period from plaintiff’s trust fund account statement, I conclude plaintiff’s initial partial
filing fee to be $52.71. For this case to proceed, plaintiff must submit this amount on or
before March 27, 2015.
ORDER
IT IS ORDERED that,
1.

Plaintiff Anthony Owens is assessed $52.71 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 $52.71 or advise the court in writing why plaintiff is
not able to submit the assessed amount on or before March 27, 2015.
2.

If, by March 27, 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show cause for failure to do so, plaintiff will be held to have withdrawn this action voluntarily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 6th day of March, 2015.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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