Wilkins, Herbert et al v. Mahoney, David

Filing 10

ORDER on plaintiff Hannible Walker's ifp request: Walker's initial partial filing fee of $ 22.88 is due 7/1/2016. Signed by Magistrate Judge Peter A. Oppeneer on 6/9/2016. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
HERBERT J. WILKINS and
HANNIBLE J. WALKER,
ORDER
Plaintiffs,
v.

Case No. 16-cv-376-wmc

DAVID MAHONEY, et al.,
Defendants.

Plaintiffs Herbert J. Wilkins and Hannible J. Walker, inmates in the custody of the
Dane County Jail in Madison, Wisconsin, have submitted a proposed civil action under 42
U.S.C. § 1983. Plaintiff Walker has filed a trust fund account statement in support of his
request for leave to proceed without prepaying the fee. After considering the motion and
supporting documentation, the court concludes that plaintiff Walker qualifies for indigent
status.
Even when an inmate 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 Walker’s trust fund account
statement, I conclude his initial partial filing fee to be $22.88. For this case to proceed,
plaintiff Walker must submit this amount on or before July 1, 2016.

ORDER
IT IS ORDERED that,
1.

Plaintiff Hannible J. Walker is assessed $22.88 as an initial partial payment of

the $350.00 fee for filing this case. Plaintiff Walker is to submit a check or money order

made payable to the clerk of court in the amount of $22.88 or advise the court in writing
why plaintiff is not able to submit the assessed amount on or before July 1, 2016.
2.

If, by July 1, 2016, plaintiff Walker fails to make the initial partial payment or

show cause for failure to do so, he will be held to have withdrawn from this action
voluntarily.
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 9th day of June, 2016.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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