Lonas, Dessie v. Greisbach, Judge et al

Filing 6

ORDER on ifp request: Initial partial filing fee of $ 73.92 assessed. Initial partial filing fee due 12/27/2016. Signed by Magistrate Judge Peter A. Oppeneer on 12/2/2016. (jef),(ps)

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

ORDER

v.
Case No. 16-cv-780-jdp
JUDGE GRIESBACH, 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.

Plaintiff Dessie Russell Lonas, a prisoner in the custody of the Wisconsin Department
of Corrections, has submitted three proposed civil actions 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).

Using

information for the relevant time period from plaintiff’s trust fund account statement, I
conclude plaintiff’s initial partial filing fees for each case to be $73.92. For these cases to
proceed, plaintiff must submit these amounts on or before December 26, 2016.

ORDER
IT IS ORDERED that,
1.

Plaintiff Dessie Russell Lonas is assessed $73.92 for each case as initial partial

payments of the $350.00 fees for filing these cases. Plaintiff is to submit checks or money
orders made payable to the clerk of court in the amount of $73.92 for each case (or a single
check in the amount of $221.76 for all three cases) or advise the court in writing why
plaintiff is not able to submit the assessed amounts on or before December 26, 2016. If
plaintiff does not have enough money to make the initial partial payments from plaintiff’s
regular account, plaintiff should arrange with authorities to pay the remainder from plaintiff’s
release account.
2.

If, by December 26, 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show cause for failure to do so, plaintiff will be held to have withdrawn these actions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 the cases 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 fees as directed above and the court has screened the

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complaints 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 2nd day of December, 2016.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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