Jones, Damont'a et al v. Dittmann, Michael et al

Filing 5

ORDER on ifp request: Plaintiff Damont'a D. Jones assessed an initial partial filing fee of $47.70 due 12/1/2017. Signed by Magistrate Judge Peter A. Oppeneer on 11/9/2017. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DAMONT’A D. JONES,
Plaintiff,

ORDER

v.
Case No. 17-cv-854-wmc
MICHAEL DITTMANN, et al.,
Defendants.

Plaintiff Damont’a D. Jones, a prisoner in the custody of the Wisconsin Department of
Corrections, has submitted a proposed civil action under 42 U.S.C. § 1983. Plaintiff has 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, 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 fee to be $47.70. For this case to proceed, plaintiff
must submit this amount on or before December 1, 2017.

ORDER
IT IS ORDERED that,
1.

Plaintiff Damont’a D. Jones is assessed $47.70 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 $47.70 or advise the court in writing why plaintiff is not

able to submit the assessed amount on or before December 1, 2017. If plaintiff does not have
enough money to make the initial partial payment from plaintiff’s regular account, plaintiff
should arrange with authorities to pay the remainder from plaintiff’s release account.
2.

If, by December 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show cause for failure to do so, plaintiff will be held to have withdrawn this action voluntarily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 9th day of November, 2017.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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