United States District Court, W.D. Wisconsin
ANTHONY A. WILLIAMS, JR., Plaintiff,
CAPT. BROWN, et al. Defendants.
OPPENEER Magistrate Judge.
Anthony A. Williams, has submitted a certified inmate trust
fund account statement for the six month period preceding the
complaint in support of the 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.
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 for the relevant time period from plaintiff's
trust fund account statement, I calculate plaintiff's
initial partial filing fee to be $30.38. For this case to
proceed, plaintiff must submit this amount on or before
February 1, 2017.
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.
ORDERED that, 1. Plaintiff Anthony A. Williams, is assessed
$30.38 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
$30.38 or advise the court in writing why plaintiff is not
able to submit the assessed amount on or before February 1,
by February 1, 2017, 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will be held to have withdrawn this action voluntarily and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.
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. § ...