Czapiewski, David et al v. Thomas, Kurt et al

Filing 11

ORDER on ifp request as to Anthony Riach: Initial partial filing fee of $ 32.00 assessed. Anthony Riach's initial partial filing fee due 11/19/2015. Signed by Magistrate Judge Peter A. Oppeneer on 10/29/2015. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DAVID CZAPIEWSKI, et al.
Plaintiff,

ORDER

v.
Case No. 15-cv-654-bbc
KURT THOMAS, et al.
Defendants.

Plaintiff Anthony Riach has now submitted a certified inmate trust fund account
statement for the six month period preceding the complaint in support of his pending motion
to proceed without prepaying the filing fee.

Accordingly, the court can now 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 $32.00. For this case to proceed, plaintiff must submit this amount on or
before November 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 Anthony Riach is assessed $32.00 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 $32.00 or advise the court in writing why plaintiff is
not able to submit the assessed amount on or before November 19, 2015.
2.

If, by November 19, 2015, plaintiff Riach fails to make the initial partial

payment or show cause for failure to do so, he will be held to have withdrawn this action
voluntarily and he will be dismissed without prejudice as a plaintiff in this case.
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 Prisoner Litigation Reform Act, 28 U.S.C. § 1915A. Once the screening
process is complete, a separate order will issue.

Entered this 29th day of October, 2015.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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