United States District Court, W.D. WisconsinOct 5, 2005
05-C-579-C (W.D. Wis. Oct. 5, 2005)


October 5, 2005


STEPHEN CROCKER, Magistrate Judge

Petitioner Robert E. Adsit, a prisoner at the New Lisbon Correctional Institution in New Lisbon, Wisconsin, has submitted a proposed complaint. He asks for leave to proceed in forma pauperis. Because petitioner is a prisoner, he is subject to the 1996 Prisoner Litigation Reform Act. This means that before this court may decide whether he can proceed with his complaintin forma pauperis, petitioner will have to make an initial partial payment of the filing fee in the amount of $13.78 and the remainder of the fee in monthly installments even if his request for leave to proceed is denied. If petitioner 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 petitioner is free to ask prison authorities to pay all of his filing fee from his release account. The only amount petitioner must pay at this time is the $13.78 initial partial payment. Before prison officials take any portion of that amount from petitioner's release account, they may first take from petitioner's regular account whatever amount up to the full amount petitioner owes.


IT IS ORDERED that petitioner is assessed $13.78 as an initial partial payment of the $250 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 $13.78 on or before October 26, 2005. If, by October 26, 2005, petitioner fails to make the initial partial payment or show cause for his failure to do so, an order will be entered dismissing this case without prejudice for petitioner's failure to prosecute.