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

Filing 29

ORDER on ifp request: Plaintiff Juan Nieto assessed an initial partial filing fee of $350.00 due 9/1/2017. Signed by Magistrate Judge Peter A. Oppeneer on 8/10/2017. (nln),(ps)

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

ORDER

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

Plaintiff Juan Nieto 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 $350.00. For this case to proceed, plaintiff
must submit this amount on or before September 1, 2017.

ORDER
IT IS ORDERED that,
1.

Plaintiff Juan Nieto 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 September 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.
2.

If, by September 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show cause for failure to do so, plaintiff will be held to have withdrawn this action voluntarily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 August, 2017.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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