You're viewing Docket Item 5 from the case Covington, Reo v. Steinert et al. View the full docket and case details.

Download this document:




Case: 3:13-cv-00379-wmc Document #: 5 Filed: 06/04/13 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WISCONSIN



REO L. COVINGTON,

Plaintiff,

v.

ORDER

13-cv-379-wmc

SGT. STEINERT, MARIE SVEC,
PAUL LUDVIGSON and
WILLIAM J. POLLARD,

Defendants.

Plaintiff Reo Covington, a prisoner at the Waupun Correctional Institution in Waupun,

Wisconsin has submitted a proposed complaint under 42 U.S.C. § 1983. He asks for leave to

proceed in forma pauperis. Because plaintiff 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 complaint in forma pauperis, plaintiff will have to make an initial partial payment of the

filing fee.

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.

In this case, 20% of the average monthly balance is $8.23, but 20% of the average

monthly deposits made to his account is $11.75. Because the greater of the two amounts is 20%

of the average monthly balance, or $11.75, that is the amount plaintiff will be assessed as an

initial partial payment of the filing fee. If plaintiff does not have the money to make the initial

Case: 3:13-cv-00379-wmc Document #: 5 Filed: 06/04/13 Page 2 of 2

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 $11.75 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 Reo Covington is assessed $11.75 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 $11.75 on or before June 24, 2013. If, by June

24, 2013, 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.

Entered this 3 day of June, 2013.

rd

BY THE COURT:

/s/

STEPHEN L. CROCKER
Magistrate Judge

2