Felella, Nicholas v. County of Portage, et al. et al

Filing 4

ORDER on ifp request: Plaintiff Nicholas Felella assessed an initial partial filing fee of $12.33 due 12/7/2017. Signed by Magistrate Judge Peter A. Oppeneer on 11/15/2017. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
NICHOLAS FELELLA,
Plaintiff,

ORDER

v.
Case No. 17-cv-868-wmc
COUNTY OF PORTAGE, et al.,
Defendants.

Plaintiff Nicholas Felella, an inmate in the custody of the Portage County Jail, has
submitted a proposed civil action under 42 U.S.C. § 1983. Plaintiff has filed a certified 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 inmate account statement, I conclude
plaintiff’s initial partial filing fee to be $12.33. For this case to proceed, plaintiff must submit
this amount on or before December 7, 2017.

ORDER
IT IS ORDERED that,
1.

Plaintiff Nicholas Felella is assessed $12.33 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 $12.33 or advise the court in writing why plaintiff is not
able to submit the assessed amount on or before December 7, 2017.
2.

If, by December 7, 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show cause for failure to do so, plaintiff will be held to have withdrawn this action voluntarily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 15th day of November, 2017.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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