Campos, Efrain et al v. Dittman, Michael et al

Filing 24

ORDER on ifp request: Plaintiff Efrain Campos's motion to proceed without prepayment of the filing fee, dkt. 20 , is DENIED. Full $400 filing fee due 8/23/2017. Signed by Magistrate Judge Peter A. Oppeneer on 8/4/2017. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
EFRAIN CAMPOS, et al.,
Plaintiff,

ORDER

v.
Case No. 17-cv-545-jdp
MICHAEL DITTMAN, et al.,
Defendants.

Plaintiff Efrain Campos has submitted a certified inmate trust fund account statement
for the six-month period preceding the complaint in support of his pending motion to proceed
without prepayment of the filing fee.
The court must determine whether plaintiff Campos qualifies for indigent status and, if
so, calculate an initial partial payment of the $350 fee for filing this case.
In determining whether to allow a prisoner to proceed without prepayment, this court
uses the formula set forth in 28 U.S.C. § 1915(b)(1). Using information for the relevant time
period from plaintiff Campos’ trust fund account statement, I find that he does not qualify as
indigent and must prepay the $400 fee for commencing this action.

ORDER
IT IS ORDERED that:
1.

Plaintiff Efrain Campos’s motion to proceed without prepayment of the

filing fee, dkt. 20, is DENIED.

2.

Plaintiff Campos is to submit a check or money order made payable to

the clerk of court in the amount of $400 or advise the court in writing why he is not
able to pay on or before August 23, 2017.
3.

If by August 23, 2017, plaintiff Campos fails to pay the $400 filing fee

or show cause for failure to do so, he will be held to have withdrawn from this action
voluntarily and he will be dismissed from the case.

Entered this 4th day of August, 2017.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge