Opinion
09-cv-354-bbc.
June 12, 2009
ORDER
As directed in this court's June 5, 2009 order, plaintiff has submitted a signed copy of his complaint and a copy of his six-month trust fund account statement. From the statement, I have calculated plaintiff's initial partial payment to be $1.40. If plaintiff does not have the money to make the initial partial payment in his regular account, he will have to arrange with prison authorities to pay some or all of the assessment from his release account. This does not mean that plaintiff is free to ask prison authorities to pay all of his filing fee from his release account. The only amount plaintiff must pay at this time is the $1.40 initial partial payment. Before prison officials take any portion of that amount from plaintiff's release account, they may first take from plaintiff's regular account whatever amount up to the full amount plaintiff owes. Plaintiff should show a copy of this order to prison officials to insure that they are aware they should send plaintiff's initial partial payment to this court.
ORDER
IT IS ORDERED that plaintiff is assessed $1.40 as an initial partial payment of the $350 fee for filing this case. He is to submit a check or money order made payable to the clerk of court in the amount of $1.40 on or before July 6, 2009. If, by July 6, 2009, plaintiff fails to make the initial partial payment or show cause for his failure to do so, he will be held to have withdrawn this action voluntarily. In that event, the clerk of court is directed to close this file without prejudice to plaintiff's filing his case at a later date.