Smith, Damien v. Doe(s), John et al

Filing 4

ORDER on ifp request: Initial partial filing fee of $ 133.53 assessed. Initial partial filing fee due 10/26/2015. Signed by Magistrate Judge Peter A. Oppeneer on 10/5/2015. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DAMIEN SMITH,
Plaintiff,

ORDER

v.
Case No. 15-cv-633-bbc
JOHN DOE(S), TIM DOLANG
and CANDACE WARNER,
Defendants.

Plaintiff Damien Smith, 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 $133.53. For this case to proceed, plaintiff
must submit this amount on or before October 26, 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 Damien Smith is assessed $133.53 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 $133.53 or advise the court in writing why plaintiff is
not able to submit the assessed amount on or before October 26, 2015.
2.

If, by October 26, 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show cause for failure to do so, plaintiff will be held to have withdrawn this action voluntarily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 5th day of October, 2015.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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