D'Lamatter, Thomas v. Richardson, Reed et al

Filing 7

ORDER on ifp request: Initial partial filing fee of $ 39.52 assessed. Initial partial filing fee due 5/19/2015. Signed by Magistrate Judge Peter A. Oppeneer on 4/29/2015. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
THOMAS D’LAMATTER,
Plaintiff,

ORDER

v.
Case No. 15-cv-221-bbc
REED RICHARDSON, et al.,
Defendants.

Plaintiff Thomas D’Lamatter 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 $39.52. For this case to proceed, plaintiff must submit this amount on or
before May 19, 2015.
If plaintiff does not have enough money to make the initial partial payment from
plaintiff’s regular account, plaintiff should arrange with prison authorities to pay the
remainder from plaintiff’s release account.

ORDER
IT IS ORDERED that,
1.

Plaintiff Thomas D’Lamatter is assessed $39.52 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 $39.52 or advise the court in writing why
plaintiff is not able to submit the assessed amount on or before May 19, 2015.
2.

If, by May 19, 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cause for failure to do so, plaintiff will be held to have withdrawn this action voluntarily and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 29th day of April, 2015.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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