Holm, Victor v. Karna et al

Filing 4

ORDER on ifp request: Initial partial filing fee of $ 16.31 assessed. Initial partial filing fee due 2/23/2017. Signed by Magistrate Judge Peter A. Oppeneer on 2/1/2017. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
VICTOR E. HOLM,
Plaintiff,

ORDER

v.
Case No. 17-cv-68-bbc
LIEUTENANT KARNA, et al.
Defendants.
VICTOR E. HOLM,
Plaintiff,

ORDER

v.
Case No. 17-cv-72-bbc
STEVE HELGERSON, et al.
Defendants.

Plaintiff Victor E. Holm, a prisoner in the custody of the Wisconsin Department of
Corrections, has submitted two 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 fee for each case to be $16.31. For these cases to
proceed, plaintiff must submit these amounts on or before February 23, 2017.

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.
ORDER
IT IS ORDERED that,
1.

Plaintiff Victor E. Holm is assessed $16.31 as an initial partial payment of the

$350.00 fee for each of these cases. Plaintiff is to submit a check or money order made
payable to the clerk of court in the amount of $16.31 for each case (or a single check totaling
$32.62) or advise the court in writing why plaintiff is not able to submit the assessed
amounts on or before February 23, 2017.
2.

If, by February 23, 2017, 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show cause for failure to do so, plaintiff will be held to have withdrawn these actions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 these cases at a
later date.
3.

No further action will be taken in these cases until the clerk’s office receives

plaintiff’s initial partial filing fees as directed above and the court has screened the
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 1st day of February, 2017.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge
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