Nelson, David v. Guolee, Michael et al

Filing 5

ORDER on ifp request: Initial partial filing fee of $ 2.86 assessed. Initial partial filing fee due 6/1/2017. Signed by Magistrate Judge Peter A. Oppeneer on 5/10/2017. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DAVID DARNELL NELSON,
Plaintiff,

ORDER

v.
Case No. 17-cv-310-jdp
MICHAEL GOULEE, et al.
Defendants.

Plaintiff David Darnell Nelson 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.

Accordingly, the court must

determine whether plaintiff qualifies for indigent status and, if so, calculate an initial partial
payment of the $350.00 fee for filing this case.
Even when an inmate 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
calculate plaintiff’s initial partial filing fee to be $2.86. For this case to proceed, plaintiff
must submit this amount on or before June 1, 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,
1.

Plaintiff David Darnell Nelson is assessed $2.86 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 $2.86 or advise the court in writing why
plaintiff is not able to submit the assessed amount on or before June 1, 2017.
2.

If, by June 1, 2017, plaintiff fails to make the initial partial 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cause for failure to do so, plaintiff will be held to have withdrawn this action voluntarily and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 10th day of May, 2017.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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