Edwards, Tremayne v. Haines, Tim et al

Filing 2

ORDER on ifp request: Initial partial filing fee of $ 69.46 assessed. Initial partial filing fee due 6/2/2016. Signed by Magistrate Judge Peter A. Oppeneer on 5/12/2016. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
TREMAYNE D. EDWARDS,
Plaintiff,

ORDER

v.
Case No. 16-cv-317-jdp
TIM HAINES and JOHN DOE (1) OFFICER,
Defendants.

Plaintiff Tremayne D. Edwards, 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 not paid the $400 filing fee nor submitted a motion for leave to proceed without
prepayment of the filing fee in this case. However, on April 27, 2016, plaintiff submitted a
motion for leave to proceed without prepayment of the filing fee (dkt. #9) and a six-month
trust fund account statement (dkt. #10) in case no. 16-cv-265-jdp. Therefore, I will construe
his complaint in this case to include a request to proceed without prepayment of the filing fee
by adopting the motion for leave to proceed without prepayment of the filing fee (dkt. #9)
and six-month trust fund account statement (dkt. #10) filed in case no. 16-cv-265-jdp. After
considering the six-month trust fund account statement plaintiff submitted in case no. 16-cv265-jdp, I conclude 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 $69.46. For this case to proceed, plaintiff
must submit this amount on or before June 2, 2016.

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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.

ORDER
IT IS ORDERED that,
1.

Plaintiff Tremayne D. Edwards is assessed $69.46 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 $69.46 on or before June 2, 2016 or advise the
court in writing why plaintiff is not able to submit the assessed amount on or before June 2,
2016.
2.

If, by June 2, 2016, plaintiff fails to make the initial partial payment or show

cause for his 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 Prisoner Litigation Reform Act, 28 U.S.C. § 1915A. Once the screening
process is complete, a separate order will issue.

Entered this 12th day of May, 2016.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge
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