Lonas, Dessie v. Oshkosh Corrections Inst. et al

Filing 11

ORDER that prison officials are directed to disburse $6.26 for case 16-cv-752-jdp and $73.92 each for cases 16-cv-780-jdp, 16-cv-790-jdp and 16-cv-791-jdp from plaintiff's release account for payment of the initial partial filing fees. The payments may be sent in separate individual checks or in a single check totaling $228.02. Plaintiff's initial partial filing fee payments are due by January 17, 2017. Signed by Magistrate Judge Peter A. Oppeneer on 12/20/2016. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DESSIE RUSSELL LONAS
ORDER
Plaintiff,
v.

Case No. 16-cv-752-jdp

OSHKOSH CORRECTIONAL
INSTITUTION and DEPARTMENT OF
CORRECTIONS,
Defendants.

DESSIE RUSSELL LONAS,
Plaintiff,

ORDER

v.
Case No. 16-cv-780-jdp
JUDGE GREISBACH et al.,
Defendants.

DESSIE RUSSELL LONAS,
Plaintiff,

ORDER

v.
Case No. 16-cv-790-jdp
DANA JOHNSON,
Defendant.

DESSIE RUSSELL LONAS,
Plaintiff,

ORDER

v.
Case No. 16-cv-791-jdp
STATE OF WISCONSIN ,
Defendant.

On November 14, 2016 I assessed plaintiff Dessie Lonas an initial partial filing fee of
$6.26 in case 16-cv-752-jdp. On December 2, 2016, I assessed plaintiff initial partial filing
fees of $73.92, for cases 16-cv-780-jdp, 16-cv-790-jdp and 16-cv-791.

Now plaintiff has

submitted a letter asking if the $73.92 calculation is correct.
Because plaintiff is incarcerated, his case is governed by the Prisoner Litigation
Reform Act (PLRA), 28 U.S.C. § 1915(b), which allows a qualifying individual to proceed
without prepaying some or all of the filing fee. To determine whether a prisoner qualifies for
indigent status for purposes of the PLRA, this court applies the formula set forth in 28
U.S.C. § 1915(b)(1). According to this formula, a prisoner requesting leave to proceed in
forma pauperis must prepay 20% of the greater of the average monthly balance or the average
monthly deposits made to his prison account in the six-month period immediately preceding
the filing of the complaint. From plaintiff’s most recent trust fund account statement, 20%
of the average monthly deposits to plaintiff’s account is $6.42, but 20% of the average
monthly balance is $73.92. Because the greater of the two amounts is 20% of the average
monthly balance, or $73.92, this is the amount plaintiff is assessed as initial partial payment
of the filing fees for cases 16-cv-780-jdp, 16-cv-790-jdp and 16-cv-791.

ORDER
IT IS ORDERED that prison officials are directed to disburse $6.26 for case 16-cv752-jdp and $73.92 each for cases 16-cv-780-jdp, 16-cv-790-jdp and 16-cv-791-jdp from
plaintiff’s release account for payment of the initial partial filing fees. The payments may be
2

sent in separate individual checks or in a single check totaling $228.02. Plaintiff’s initial
partial filing fee payments are due by January 17, 2017.

Entered this 20th day of December, 2016.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge

3