Kidd, Robert et al v. Dow, John

Filing 4

ORDER on ifp request: Initial partial filing fee of $ 24.48 assessed. Initial partial filing fee due 8/24/2017. Signed by Magistrate Judge Peter A. Oppeneer on 8/2/2017. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
ROBERT PIERRE KIDD,
Plaintiff,

ORDER

v.
Case No. 17-cv-597-jdp
JOHN DOW,
Defendant.

ROBERT PIERRE KIDD,
Plaintiff,

ORDER

v.
Case No. 17-cv-598-jdp
JACQUILIN SHELLINGER,
Defendant.

Plaintiff Robert Pierre Kidd, a prisoner in the custody of the Wisconsin Department
of Corrections, has submitted two proposed civil actions under 42 U.S.C. § 1983. Plaintiff
has filed a certified copy of a trust fund account statement in support of the motions for
leave to proceed without prepaying the fee. After considering the motions 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 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 initial partial filing fees for each case to be $24.48. For these cases to
proceed, plaintiff must submit these amounts on or before August 24, 2017.

ORDER
IT IS ORDERED that,
1.

Plaintiff Robert Pierre Kidd is assessed $24.48 for each case as initial partial

payments of the $350.00 fees for filing these cases. Plaintiff is to submit checks or money
orders made payable to the clerk of court in the amount of $24.48 for each case (or a single
check in the amount of $48.96 for both cases) or advise the court in writing why plaintiff is
not able to submit the assessed amounts on or before August 24, 2017.
2.

If plaintiff does not have enough money to make the initial partial payments

from plaintiff’s regular account, plaintiff should arrange with authorities to pay the remainder
from plaintiff’s release account.
3.

If, by August 24, 2017, plaintiff fails to make the initial partial payments or

show cause for failure to do so, plaintiff will be held to have withdrawn these actions
voluntarily and the cases will be closed without prejudice to plaintiff filing the cases 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 fees as directed above and the court has screened the
complaints 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 2nd day of August, 2017.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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