Gibson, Timothy v. Hepp, Randall et al
ORDER on ifp request: Initial partial filing fee of $ 0.62 assessed. Initial partial filing fee due 11/29/2017. Signed by Magistrate Judge Peter A. Oppeneer on 11/8/2017. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
TIMOTHY ERIC GIBSON,
Case No. 17-cv-843-wmc
RANDALL R. HEPP, et al.,
Plaintiff Timothy Eric Gibson, a prisoner in the custody of the Wisconsin Department
of Corrections has submitted a proposed civil action under 42 U.S.C. § 1983. In plaintiff’s
recently filed case 17-cv-711-wmc, plaintiff filed a certified copy of a trust fund account
statement in support of the motion for leave to proceed without prepaying the fee. After
considering the motion and supporting documentation in that case, 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).
information for the relevant time period from plaintiff’s trust fund account statement, I
calculate plaintiff’s initial partial filing fee to be $0.62. For this case to proceed, plaintiff
must submit this amount on or before November 29, 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.
IT IS ORDERED that,
Plaintiff Timothy Eric Gibson is assessed $0.62 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 $0.62 or advise the court in writing why
plaintiff is not able to submit the assessed amount on or before November 29, 2017.
If, by November 29, 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show cause for failure to do so, plaintiff will be held to have withdrawn this action voluntarily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.
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 8th day of November, 2017.
BY THE COURT:
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