Buchanan, Terrence et al v. Dane County Sheriff Dept. et al

Filing 4

ORDER on ifp request: Plaintiff Terrence Buchanan assessed an initial partial filing fee of $ 5.67 due 9/14/2016. Signed by Magistrate Judge Peter A. Oppeneer on 8/23/2016. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
TERRENCE BUCHANAN
and ISAAC TORRES,

ORDER

Plaintiffs,

Case No. 16-cv-572-wmc

v.
DANE COUNTY SHERIFF DEPT., et al.,
Defendants.

Plaintiffs Terrence Buchanan and Isaac Torres, inmates in the custody of the Dane
County Jail, have submitted a proposed civil action under 42 U.S.C. § 1983.

Plaintiff

Buchanan has filed a copy of an inmate account statement in support of his motion for leave
to proceed without prepaying the fee.

After considering the motion and supporting

documentation, the court concludes that plaintiff Buchanan 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 Buchanan’s trust fund account
statement, I conclude plaintiff’s initial partial filing fee to be $5.67. For this case to proceed,
plaintiff must submit this amount on or before September 14, 2016.

ORDER
IT IS ORDERED that,
1.

Plaintiff Terrence Buchanan is assessed $5.67 as an initial partial payment of

the $350.00 fee for filing this case. Plaintiff Buchanan is to submit a check or money order
made payable to the clerk of court in the amount of $5.67 or advise the court in writing why
he is not able to submit the assessed amount on or before September 14, 2016.

2.

If, by September 14, 2016, plaintiff Buchanan fails to make the initial partial

payment, or show cause for failure to do so, plaintiff Buchanan will be held to have
withdrawn this action voluntarily and the case will be closed without prejudice to plaintiff
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 23rd day of August, 2016.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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