Nelson, David v. State of Wisconsin

Filing 6

ORDER on ifp request: Plaintiff David Darnell Nelson, Jr. assessed an initial partial filing fee of $ 2.55 due 9/2/2016. Signed by Magistrate Judge Peter A. Oppeneer on 8/11/2016. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

DAVID DARNELL NELSON, JR.,
Plaintiff,

ORDER

v.
Case No. 16-cv-506-jdp
STATE OF WISCONSIN,
Defendant.

DAVID DARNELL NELSON, JR.,
Plaintiff,

ORDER

v.
Case No. 16-cv-554-jdp
STATE OF WISCONSIN,
Defendant.

Plaintiff David Darnell Nelson, Jr. has submitted a certified inmate trust fund account
statement for the six month period preceding the complaint in support of the pending
motion to proceed without prepayment of the filing fee in the above cases. Accordingly, the
court must determine whether plaintiff qualifies for indigent status and, if so, calculate an
initial partial payment of the $350.00 filing fee for each of these cases.
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’s trust fund account statement, I
calculate plaintiff’s initial partial filing fee to be $2.55 for each case. For these cases to
proceed, plaintiff must submit this amount on or before September 2, 2016.

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 David Darnell Nelson, Jr. is assessed $2.55 as an initial partial

payment of the $350.00 fee for filing these cases. Plaintiff is to submit a check or money
order made payable to the clerk of court in the amount of $2.55 for each case or advise the
court in writing why plaintiff is not able to submit the assessed amounts on or before
September 2, 2016.
2.

If, by September 2, 2016, plaintiff fails to make the initial partial payments or

show cause for failure to do so, plaintiff will be held to have withdrawn these actions
voluntarily and the cases will be closed without prejudice to plaintiff filing these cases at a
later date.
3.

No further action will be taken in these cases until the clerk’s office receives

plaintiff’s initial partial filing fees 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 August, 2016.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge