United States District Court, W.D. Wisconsin
OPPENEER Magistrate Judge.
Donta Jenkins, 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
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 $89.37. For this case to
proceed, plaintiff must submit this amount on or before
February 2, 2017.
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.
ORDERED that, 1. Plaintiff Donta Jenkins is assessed $89.37
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 $89.37 or
advise the court in writing why plaintiff is not able to
submit the assessed amount on or before February 2, 2017.
by February 2, 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will be held to have withdrawn this action voluntarily and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. § ...