Gilbert, Carl v. State of Wisconsin et al

Filing 12

ORDER that plaintiff Carl C. Gilbert, II's motion to proceed without prepaying the $21.92 initial partial payment, dkt. 9 , is DENIED without prejudice. Plaintiff may have until July 2, 2020 to submit the $21.92 initial partial payment. Signed by Magistrate Judge Peter A. Oppeneer on 6/04/2020. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

CARL C. GILBERT, II,
Plaintiff,

ORDER

v.
Case No. 20-cv-193-jdp
STATE OF WISCONSIN, et al.,
Defendants.
CARL C. GILBERT, II,
Plaintiff,
v.

ORDER
Case No. 20-cv-194-jdp

STATE OF WISCONSIN, et al.,
Defendants.

These cases were closed after the court did not receive the $21.92 initial partial
payments assessed to plaintiff for each case by the April 24, 2020 deadline. Now, plaintiff has
submitted a motion for reconsideration and motion to reopen both these cases and a motion
to proceed without prepaying the $21.92 initial partial payments. Dkt. 8 and 9.
Even though plaintiff is not a prisoner and is not subject to the Prison Litigation Reform
Act, this court uses one method for calculating the amount of an initial partial payment, which
is set forth in 28 U.S.C. § 1915(b)(1). When assessing plaintiff an initial partial payment for
the above cases, I used the resident statement he submitted in support of his motion for leave
to proceed without prepaying the fee. Using the formula set forth in 28 U.S.C. § 1915(b)(1),
I calculate two amounts, 20% of a plaintiff’s average monthly income and 20% of a plaintiff’s
average monthly balance. Whichever amount is greater is the amount the plaintiff will have
to prepay toward the $350 filing fee. The greater of the two amounts is 20% of the average
monthly deposits, or $21.92; this is the amount plaintiff was assessed as an initial partial

payment of the $350.00 fee for filing each of these cases. Therefore, I will deny without
prejudice plaintiff’s motion to proceed without prepaying the $21.92 initial partial payment
for each of the above cases.
However, I will give plaintiff until July 2, 2020, to submit the $21.92 initial partial
payment for each of the above cases. The above cases will remain closed until the court receives
the $21.92 initial partial payments from plaintiff. If plaintiff is still unable to submit each of
the $21.92 initial partial payments by July 2, plaintiff should submit an updated resident
statement to the court, so that I may re-evaluate plaintiff’s financial circumstances.

ORDER
IT IS ORDERED that:
1.

Plaintiff’s motion to proceed without prepaying the $21.92 initial partial

payment for each of the above cases, dkt. 9, is DENIED without prejudice. If plaintiff’s
financial circumstances have changed, plaintiff should submit an updated resident account
statement so that I may re-evaluate his request.
2.

Plaintiff may have until July 2, 2020, in which to submit a check or money order

payable to the clerk of court in the amount of $21.92, or advise the court in writing why
plaintiff is not able to submit the assessed amount on or before July 2, 2020. If plaintiff
complies with this deadline, plaintiff’s cases will be reopened and screened on the merits
pursuant to 28 U.S.C. § 1915(e)(2). Otherwise, these cases will remain closed.
Entered this 4th day of June, 2020.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge

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