Hall, Charles v. Spears et al

Filing 6

ORDER on ifp request: Plaintiff Charles Deshawn Hall assessed an initial partial filing fee of $20.59 due 10/24/2017. Signed by Magistrate Judge Peter A. Oppeneer on 10/2/2017. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
CHARLES DESHAWN HALL,
Plaintiff,

ORDER

v.
Case No. 17-cv-749-bbc
DEPUTY SPEARS, et al.,
Defendants.

Plaintiff Charles Deshawn Hall, an inmate in the custody of the Federal Bureau of
Prisons, has submitted a proposed civil action. Plaintiff has filed a copy of an inmate account
statement in support of the motion for leave to proceed without prepaying the fee. After
considering the motion and supporting documentation, the court concludes that plaintiff
qualifies for indigent status.
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
conclude plaintiff’s initial partial filing fee to be $20.59. For this case to proceed, plaintiff
must submit this amount on or before October 24, 2017.

ORDER
IT IS ORDERED that,
1.

Plaintiff Charles Deshawn Hall is assessed $20.59 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 $20.59 or advise the court in writing why plaintiff
is not able to submit the assessed amount on or before October 24, 2017.
2.

If, by October 24, 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show cause for failure to do so, plaintiff will be held to have withdrawn this action voluntarily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 2nd day of October, 2017.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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