Opinion
23-cv-219-wmc 23-cv-243-wmc
05-05-2023
ORDER
ANDREW R. WISEMAN, United States Magistrate Judge.
Plaintiff Jeremy Chante Vaughn has submitted an 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 in each of the above cases. 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.
Even 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 inmate account statement, I calculate plaintiff's initial partial filing fee to be $2.01 for each case. For these cases to proceed, plaintiff must submit a total amount of $4.02 ($2.01 x 2) on or before May 26, 2023.
ORDER
IT IS ORDERED that, 1. Plaintiff Jeremy Chante Vaughn is assessed $2.01 as an initial partial payment of the $350.00 fee for filing each of the above cases. Plaintiff is to submit a check or money order made payable to the clerk of court in the amount of $4.02 ($2.01 x 2), or advise the court in writing why plaintiff is not able to submit the assessed amount on or before May 26, 2023.
2. If, by May 26, 2023, plaintiff fails to make the initial partial payment or show cause for failure to do so, plaintiff will be held to have withdrawn this action voluntarily and the case will be closed without prejudice to plaintiff filing this case at a later date.
3. No 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 Prison Litigation Reform Act, 28 U.S.C. § 1915A. Once the screening process is complete, a separate order will issue.