Kidd, Robert v. Foster, Brian

Filing 7

ORDER on ifp request: Initial partial filing fee of $ 126.38 assessed. Initial partial filing fee due 3/24/2017. Signed by Magistrate Judge Peter A. Oppeneer on 3/1/2017. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
ROBERT KIDD,
Plaintiff,

ORDER

v.
Case No. 17-cv-6-jdp
BRIAN FOSTER,
Defendant.

This case was closed after the court did not receive a certified copy of plaintiff’s sixmonth trust fund account statement so that a determination could be made as to whether
plaintiff qualified for indigent status, and, if so, assess plaintiff an initial partial filing fee.
Now, plaintiff has submitted the requested certified account statement. After considering
plaintiff’s six-month trust fund account statement, the court concludes that plaintiff qualifies
for indigent status.
Even when a prisoner litigant qualifies for indigent status, a portion of the fee must be
paid as determined 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 calculate
plaintiff’s initial partial filing fee to be $126.38. For this case to proceed, plaintiff must
submit this amount on or before March 24, 2017.
If plaintiff does not have enough money to make the initial partial payment from
plaintiff’s regular account, plaintiff should arrange with prison authorities to pay the
remainder from plaintiff’s release account.

ORDER
IT IS ORDERED that plaintiff Robert Kidd may have until March 24, 2017 to
submit a check or money order made payable to the clerk of court in the amount of $126.38
as the initial partial payment assessed in this case. If plaintiff complies with this deadline,
plaintiff’s case will be reopened and screened on the merits pursuant to 28 U.S.C.
§ 1915(e)(2). Otherwise, this case will remain closed.

Entered this 1st day of March, 2017.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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