Murry, James v. Dodge Correctional Institution et al

Filing 10

ORDER on ifp request: Plaintiff James Jefferson Murry assessed an initial partial filing fee of $22.75 due 3/15/2018. Signed by Magistrate Judge Peter A. Oppeneer on 2/21/2018. (Copy of order mailed to Dodge Correctional Institution Business Office.) (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JAMES JEFFERSON MURRY,
Plaintiff,

ORDER

v.
Case No. 17-cv-938-bbc
DODGE CORRECTIONAL INSTITUTION
and NURSE BURLING,
Defendants.

Plaintiff James Jefferson Murry has submitted an inmate trust fund account statement
in support of his 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). Using
information from plaintiff’s September 2017 trust fund account statement, I calculate
plaintiff’s initial partial filing fee to be $22.75. For this case to proceed, plaintiff must submit
this amount on or before March 15, 2018.

ORDER
IT IS ORDERED that,
1.

Plaintiff James Jefferson Murry is assessed $22.75 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 $22.75 or advise the court in writing why plaintiff

is not able to submit the assessed amount on or before March 15, 2018. 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.
2.

If, by March 15, 2018, 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cause for failure to do so, plaintiff will be held to have withdrawn this action voluntarily and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 21st day of February, 2018.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

2