Shepherd, Cedric v. Werlinger, R. et al
ORDER on ifp request: Initial partial filing fee of $ 36.94 assessed. Initial partial filing fee due 5/7/2015. Signed by Magistrate Judge Peter A. Oppeneer on 4/16/2015. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
CEDRIC LEON SHEPERD,
Case No. 15-cv-220-wmc
R. WERLINGER, et al.
Plaintiff Cedric Leon Sheperd, a prisoner in the custody of the Federal Bureau of
Prisons, has submitted a proposed civil action under 28 U.S.C. § 1331. 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 $36.94. For this case to proceed, plaintiff
must submit this amount on or before May 7, 2015.
IT IS ORDERED that,
Plaintiff Cedric Leon Sheperd is assessed $36.94 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 $36.94 or advise the court in writing why
plaintiff is not able to submit the assessed amount on or before May 7, 2015.
If, by May 7, 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cause for failure to do so, plaintiff will be held to have withdrawn this action voluntarily and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.
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 this16th day of April, 2015.
BY THE COURT:
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