Carter, Jackie v. Green, James et al

Filing 5

ORDER on ifp request: Initial partial filing fee of $ 31.83 assessed. Initial partial filing fee due 4/20/2015. Signed by Magistrate Judge Peter Oppeneer on 3/26/2015. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JACKIE CARTER,
Plaintiff,

ORDER

v.
Case No. 15-cv-165-wmc
JAMES GREEN, et al.,
Defendants.

Plaintiff Jackie Carter, has submitted a certified 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 calculate plaintiff’s initial partial
filing fee to be $31.83. For this case to proceed, plaintiff must submit this amount on or
before April 20, 2015.
If plaintiff does not have the money to make the initial partial payment from
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.

ORDER
IT IS ORDERED that,
1.

Plaintiff Jackie Carter, is assessed $31.83 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 $31.83 or advise the court in writing why plaintiff is
not able to submit the assessed amount on or before April 20, 2015.
2.

If, by April 20, 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cause for failure to do so, plaintiff will be held to have withdrawn this action voluntarily and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 his 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 26th day of March, 2015.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge

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