Neal, Dorian v. Richardson, Reed et al

Filing 10

ORDER on ifp request: Initial filing fee of $ 350.00 assessed. ( Initial filing fee due 6/19/2017.) Plaintiff's motion for use of release account funds to pay thefiling fee in this case (dkt. # 7 ) is GRANTED. Signed by Magistrate Judge Peter A. Oppeneer on 5/30/2017. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DORIAN V. NEAL,
Plaintiff,

ORDER

v.
Case No. 17-cv-146-wmc
REED RICHARDSON, et al.
Defendants.

Plaintiff Dorian V. Neal has submitted a certified copy of a trust fund account
statement in support of the motion for leave to proceed without prepaying the filing 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 an
initial partial filing fee calculated 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 find
plaintiff’s initial partial filing fee to be $350.00. For this case to proceed, plaintiff must
submit this amount on or before June 19, 2017.
Plaintiff also filed a motion for reconsideration of the court’s order denying his
request to use release account funds to pay the entire fee for filing this case. (Dkt. #7). I
will now grant this motion, but only because plaintiff qualifies for indigent status and his
initial filing fee payment is $350, the full filing fee. Accordingly, plaintiff should arrange
with authorities to pay the $350 from his accounts. This order does not alter this court’s
conclusion that § 1915 does not permit this court to access prisoners’ release accounts
in collecting payments other than the initial partial filing fee. (See dkt. #6.)

ORDER
IT IS ORDERED that,
1.

Plaintiff Dorian V. Neal is assessed $350.00 as an initial partial payment of

the $350.00 fee for filing this case. Plaintiff is to submit a check or money order made
payable to the clerk of court in the amount of $350.00 or advise the court in writing why
plaintiff is not able to submit the assessed amount on or before June 19, 2017.
2.

Plaintiff Dorian V. Neal’s motion for use of release account funds to pay the

filing fee in this case (dkt. #7) is GRANTED.
3.

If, by June 19, 2017, plaintiff fails to make the $350.00 payment or show

cause for failure to do so, plaintiff will be held to have withdrawn this action voluntarily and
the case will be closed without prejudice to plaintiff filing this case at a later date.
4.

No further action will be taken in this case until the clerk’s office receives

plaintiff’s initial partial filing fee as directed above and the court has screened the complaint
as required by the Prisoner Litigation Reform Act, 28 U.S.C. § 1915(e)(2).
screening process is complete, a separate order will issue.
Entered this 30th day of May, 2017.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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