Tate, Eleazar et al v. Seuferer, Jacob et al
Filing
6
ORDER on Plaintiff Eleazor Tate's ifp request: Initial partial filing fee of $ 115.40 assessed. Initial partial filing fee due 11/18/2024. Signed by Magistrate Judge Andrew R. Wiseman on 10/25/2024. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
ELEAZAR TATE, K-Y. T.,
JESSICA MILLER, JAMIA THOMAS,
K. N. and T. M.
ORDER
Case No. 24-cv-702-jdp
Plaintiffs,
v.
JACOB SEUFERER, ET AL.,
Defendants.
ELEAZAR TATE, JAMIA THOMAS and
K-Y. T.,
Plaintiffs,
ORDER
Case No. 24-cv-724-jdp
v.
JACOB SEUFERER, et al.
Defendants.
Plaintiff Eleazor Tate 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 an inmate 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 complaints, I
have calculated the initial partial payment to be $115.40 for each case (total $230.80). For
these cases to proceed, plaintiff must submit this amount on or before November 18, 2024.
ORDER
IT IS ORDERED that:
1.
Plaintiff Eleazor Tate is assessed an initial partial payment of $115.40 for each
case (total $230.80). Plaintiff must submit a check or money order payable to the clerk of
court by November 18, 2024 or advise the court in writing why plaintiff is not able to make
the initial partial payments.
2.
No further action will be taken in these cases until the clerk’s office receives the
initial partial payments as directed above and the court has screened the complaints 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 November 18, 2024, or
fails to show cause why the payment could not be made, then I will assume that plaintiff wishes
to withdraw these actions voluntarily. In that event, the cases will be dismissed without
prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i). If plaintiff submits the initial
partial payments within 30 days of dismissal, the cases will be reopened. The court will not
reopen the cases after 30 days unless plaintiff makes a showing that they are entitled to relief
under Federal Rule of Civil Procedure 60(b).
Entered this 25th day of October, 2024.
BY THE COURT:
/s/
ANDREW R. WISEMAN
2
United States Magistrate Judge
3
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