Garness, Christopher v. Wisconsin Department of Corrections et al
ORDER on ifp request: Initial partial filing fee of $ 3.94 assessed. Initial partial filing fee due 1/4/2016. Signed by Magistrate Judge Peter A. Oppeneer on 12/11/2015. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
CHRISTOPHER GILMER GARNESS,
Case No. 15-cv-787-bbc
WISCONSIN DEPARTMENT OF
CORRECTIONS, et al.,
Plaintiff Christopher Gilmer Garness, 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 a 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 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 $3.94. For this case to proceed, plaintiff
must submit this amount on or before January 4, 2016.
If plaintiff does not have enough money to make the initial partial payment from
plaintiff’s regular account, plaintiff should arrange with authorities to pay the remainder from
plaintiff’s release account.
IT IS ORDERED that,
Plaintiff Christopher Gilmer Garness is assessed $3.94 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 $3.94 or advise the court in writing why
plaintiff is not able to submit the assessed amount on or before January 4, 2016.
If, by January 4, 2016, 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show cause for failure to do so, plaintiff will be held to have withdrawn this action voluntarily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 Prisoner Litigation Reform Act, 28 U.S.C. § 1915A. Once the screening
process is complete, a separate order will issue.
Entered this 11th day of December, 2015.
BY THE COURT:
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