Davis, James et al v. Gripentrog et al
ORDER on ifp request: Plaintiff James Jermaine Davis assessed an initial partial filing fee of $13.59 due 3/6/2018. Signed by Magistrate Judge Peter A. Oppeneer on 2/12/2018. (nln),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JAMES JERMAINE DAVIS,
Case No. 18-cv-91-wmc
CORRECTIONAL OFFICER GRIPENTROG
and SERGEANT STEINERT,
Plaintiff James Jermaine Davis, 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 $13.59. For this case to proceed, plaintiff
must submit this amount on or before March 6, 2018.
IT IS ORDERED that,
Plaintiff James Jermaine Davis is assessed $13.59 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 $13.59 or advise the court in writing why plaintiff
is not able to submit the assessed amount on or before March 6, 2018. 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.
If, by March 6, 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cause for failure to do so, plaintiff will be held to have withdrawn this action voluntarily and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.
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 12th day of February, 2018.
BY THE COURT:
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