Opinion
12-cv-152-slc
03-15-2012
BRIAN KEITH FORSHEE, Plaintiff, v. DAVID MAHONEY, Sheriff and DANE COUNTY JAIL, Defendants.
ORDER
In response to this court's March 7, 2012, order, plaintiff Brian Forshee has submitted an inmate account statement along with inmate account deposit receipts so that I can determine whether he qualifies for indigent status and, if he does, calculate an initial partial payment of the $350 fee for filing this case. In determining whether a prisoner litigant qualifies for indigent status this court applies the formula set forth in 28 U.S.C. § 1915(b)(1). According to this formula, a prisoner requesting leave to proceed in forma pauperis must prepay 20% of the greater of the average monthly balance or the average monthly deposits made to his prison account in the six-month period immediately preceding the filing of the complaint.
From the inmate account statement and deposit receipts that plaintiff has submitted, I calculate his initial partial payment to be $27.87. Also, he must pay the remainder of the fee in monthly installments even if his request for leave to proceed is denied. Plaintiff should show a copy of this order to jail officials to insure that they are aware they should send plaintiff's initial partial payment to this court.
ORDER
IT IS ORDERED that plaintiff Brian Forshee is assessed $27.87 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 $27.87 on or before April 6, 2012. If, by April 6, 2012, plaintiff fails to make the initial partial payment or show cause for his failure to do so, he will be held to have withdrawn this action voluntarily.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.
BY THE COURT:
STEPHEN L. CROCKER
Magistrate Judge