Kyles, Lorenzo v. Krizan, Lehanaha et al
Filing
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ORDER on ifp request: Filing fee of $ 350.00 assessed. Filing fee due 4/14/2017. Signed by Magistrate Judge Peter A. Oppeneer on 3/23/2017. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
LORENZO DEMOND KYLES,
Plaintiff,
ORDER
v.
Case No. 17-cv-188-bbc
LEHANAHA KRIZAN, et al.
Defendants.
Plaintiff Lorenzo Demond Kyles has submitted a certified inmate trust fund account
statement for the six month period preceding the complaint in support of the pending
motion to proceed without prepayment of the filing fee. After considering the trust fund
account statement, 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 filing fee to be $350.00. For this case to proceed, plaintiff must submit
this amount on or before April 14, 2017.
ORDER
IT IS ORDERED that,
1.
Plaintiff Lorenzo Demond Kyles is assessed $350.00 as payment 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 April 14, 2017. If plaintiff does not have enough money to
make the $350.00 payment from plaintiff’s regular account, plaintiff should arrange with
authorities to pay the remainder from plaintiff’s release account.
2.
If, by April 14, 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cause for failure to do so, plaintiff will be held to have withdrawn this action voluntarily and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.
3.
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. § 1915A. Once the screening
process is complete, a separate order will issue.
Entered this 23rd day of March, 2017.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge
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