Milton, Tyler v. Hinton et al

Filing 7

ORDER on ifp request: Initial partial filing fee of $ 151.78 assessed. Initial partial filing fee due 9/20/2024. Signed by Magistrate Judge Andrew R. Wiseman on 8/29/2024. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
TYLER L. MILTON,

v.

Plaintiff,

ORDER
Case No. 24-cv-607-jdp

HINTON, et al.
Defendants.

Plaintiff Tyler L. Milton, 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 and a motion for leave to proceed without
prepaying the filing fee.

After considering the motion and supporting documentation, I

conclude that plaintiff qualifies for indigent status.
Even when a prisoner litigant qualifies for indigent status, the litigant must pay a
portion of the filing fee pursuant to 28 U.S.C. § 1915(b)(1). Using information from the
plaintiff’s trust fund account statement for the six-month period preceding the complaint, I
have calculated the initial partial payment to be $151.78. For this case to proceed, plaintiff
must submit this amount on or before September 20, 2024.
If plaintiff does not have sufficient funds in a regular inmate account to make the initial
partial payment, then plaintiff should arrange with prison authorities to make the payment
from a release account. However, prison officials will draw funds first from the prisoner’s
regular account and any portion of the initial partial payment remaining from the prisoner’s
release account. Carter v. Bennett, 399 F. Supp. 2d 936, 937 (W.D. Wis. 2005).

ORDER
IT IS ORDERED that:
1.

Plaintiff Tyler L. Milton is assessed an initial partial payment of $151.78.

Plaintiff must submit a check or money order payable to the clerk of court by September 20,
2024 or advise the court in writing why plaintiff is not able to make the initial partial payment.
2.

No further action will be taken in this case until the clerk’s office receives the

initial partial payment as directed above and the court has screened the complaint as required
by the Prison Litigation Reform Act, 28 U.S.C. § 1915(e)(2). Once the screening process is
complete, the court will issue a separate order.
3.

If plaintiff fails to make the initial partial payment by September 20, 2024, or

fails to show cause why the payment could not be made, then I will assume that plaintiff wishes
to withdraw this action voluntarily. In that event, the case will be dismissed without prejudice
under Federal Rule of Civil Procedure 41(a)(1)(A)(i). If plaintiff submits the initial partial
payment within 30 days of dismissal, the case will be reopened. The court will not reopen the
case after 30 days unless plaintiff makes a showing that they are entitled to relief under Federal
Rule of Civil Procedure 60(b).

Entered this 29th day of August, 2024.
BY THE COURT:

/s/
ANDREW R. WISEMAN
United States Magistrate Judge

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