Smith, Damien v. City of Madison et al
ORDER on ifp request: Initial partial filing fee of $ 198.24 assessed. Initial partial filing fee due 12/4/2017. Signed by Magistrate Judge Peter A. Oppeneer on 11/13/2017. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
Case No. 17-cv-856-bbc
CITY OF MADISON, et al.
Plaintiff Damien Smith 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).
information for the relevant time period from plaintiff’s trust fund account statement, I
calculate plaintiff’s initial partial filing fee to be $198.24. For this case to proceed, plaintiff
must submit this amount on or before December 4, 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 Damien Smith is assessed $198.24 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 $198.24 or advise the court in writing why plaintiff is
not able to submit the assessed amount on or before December 4, 2017.
If, by December 4, 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show cause for failure to do so, plaintiff will be held to have withdrawn this action voluntarily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 13th day of November, 2017.
BY THE COURT:
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