Bates, Craig v. Litscher, Jon et al

Filing 10

ORDER granting 9 Motion to Waive the Initial Partial Filing Fee. Complaint taken under advisement for screening. Signed by Magistrate Judge Peter A. Oppeneer on 1/5/2017. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
CRAIG T. BATES,
Plaintiff,

ORDER

v.
Case No. 16-cv-745-wmc
JON LITSCHER, et al.,
Defendants.

On November 2, 2016, plaintiff Craig T. Bates, a prisoner in the custody of the
Wisconsin Department of Corrections, was assessed $1.26 as an initial partial filing fee in
this case. Now, plaintiff has submitted a letter request to waive the initial partial payment.
Plaintiff provides two interview/information requests from his institution’s business office,
one of which has a notation that says, “Mr. Bates, you have no money in your regular or
release account.” Accordingly, it appears that plaintiff presently has no means with which to
pay the filing fee or to make an initial partial payment. Under these circumstances, the court
will grant plaintiff’s motion to waive the initial partial filing fee. Even if this court ultimately
determines that plaintiff’s complaint cannot go forward, plaintiff is advised that the full $350
filing fee for indigent litigants remains plaintiff’s obligation. See 28 U.S.C. § 1915A.
Because plaintiff is a prisoner, plaintiff is subject to the Prison Litigation Reform Act,
which requires the court to screen the complaint to determine whether any portion is
frivolous or malicious, fails to state a claim on which relief may be granted or seeks monetary
relief from a defendant who is immune from such relief.

ORDER
IT IS ORDERED that,
1.

The motion filed by plaintiff Craig T. Bates to waive the initial partial filing fee

in this case is GRANTED.
2.

No further action will be taken in this case until the court has screened the

complaint as required by the Prisoner Litigation Reform Act, 28 U.S.C. § 1915(e)(2). Once
the screening process is complete, a separate order will issue.

Entered this 5th day of January, 2017.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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