Opinion
23-cv-887-jdp
12-26-2023
UMBERTO NESPOLO LO, Plaintiff, v. RON JOHNSON, Defendant.
ORDER
ANDREW R. WISEMAN UNITED STATES MAGISTRATE JUDGE
Plaintiff Umberto Nespolo Lo has filed a proposed civil complaint, but has neither paid the filing fee nor requested leave to proceed without prepayment. For this case to proceed, plaintiff must pay the $405 filing feeor submit a properly supported motion for leave to proceed without prepayment of the filing fee no later than January 16, 2024.
Effective December 1, 2023, the total fee for filing a civil action is $405 (the $350 statutory fee plus the $55 miscellaneous administrative fee).
A motion for leave to proceed without prepayment of the filing fee must be accompanied by a certified copy of plaintiff's inmate trust fund account statement (or institutional equivalent) for the six-month period immediately preceding the date of the complaint. 28 U.S.C. § 1915(a)(2). If I find that plaintiff is indigent, I will calculate an initial partial payment amount that must be paid before the court can screen the merits of the complaint under 28 U.S.C. § 1915(e)(2). Thereafter, plaintiff will be required to pay the balance of the filing fee in installments.
ORDER
IT IS ORDERED that plaintiff Umberto Nespolo Lo may have until January 16, 2024 to submit the $405 filing fee or a motion for leave to proceed without prepayment and a trust fund account statement for the period beginning approximately June 16, 2023 and ending approximately December 26, 2023. If, by January 16, 2024, plaintiff fails to respond to this order, I will assume that plaintiff wishes to withdraw this action voluntarily. In that event, the case will be closed without prejudice to plaintiff filing the case at a later date.