Jenkins, Donta v. Frisch et al
ORDER on ifp request: Plaintiff Donta Jenkins assessed an initial partial filing fee of $ 89.22 due 10/31/2016. Signed by Magistrate Judge Peter A. Oppeneer on 10/14/2016. (nln),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
Case No. 16-cv-684-bbc
DR. FRISCH, DR. HUENKE, DR. NORGE
and DR. LUNDEEN,
Plaintiff Donta Jenkins, 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).
information for the relevant time period from plaintiff’s trust fund account statement, I
conclude plaintiff’s initial partial filing fee to be $89.22. For this case to proceed, plaintiff
must submit this amount on or before October 31, 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 Donta Jenkins is assessed $89.22 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 $89.22 or advise the court in writing why plaintiff is
not able to submit the assessed amount on or before October 31, 2016.
If, by October 31, 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show cause for failure to do so, plaintiff will be held to have withdrawn this action voluntarily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 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 14th day of October, 2016.
BY THE COURT:
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?