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Case: 3:13-cv-00650-bbc Document #: 8 Filed: 01/31/14 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WISCONSIN



THOMAS JEROME FUSELIER,

Plaintiff,

Defendant.

v.

LA CROSSE COUNTY JAIL,



ORDER

13-cv-650-bbc

In response to this court’s January 16, 2014, order, plaintiff Thomas Fuselier has

submitted an inmate account statement so that I can determine whether he qualifies for

indigent status and, if he does, calculate an initial partial payment of the $350.00 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 plaintiff has submitted, I calculate his initial partial

payment to be $22.68. 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.

Case: 3:13-cv-00650-bbc Document #: 8 Filed: 01/31/14 Page 2 of 2

ORDER

IT IS ORDERED that plaintiff Thomas Fuselier is assessed $22.68 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 $22.68 on or before February 21, 2014. If, by

February 21, 2014, 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to do so, he will be held to have withdrawn this action voluntarily.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 31st day of January, 2014.

BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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