The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
CURTIS V. BROWN,
Plaintiff, ORDER
v.
Case No. 24-cv-387-wmc
CO KRAUS, et al.
Defendants.
Plaintiff Curtis V. Brown has submitted a certified inmate trust fund account statement
in support of a motion for leave to proceed without prepaying the filing fee. The court must
now determine whether plaintiff qualifies for indigent status and, if so, calculate an initial
partial payment of the filing fee.
Even when a prisoner litigant qualifies for indigent status, the litigant must pay a
portion of the filing fee pursuant to 28 U.S.C. § 1915(b)(1). Using information from plaintiff's
trust fund account statement, I have calculated plaintiff's initial partial payment to be $326.26.
For this case to proceed, plaintiff must submit this amount on or before August 1, 2024.
If plaintiff does not have sufficient funds in a regular inmate account to make the initial
partial payment, then plaintiff should arrange with prison officials to make the payment from
a release account. However, prison officials will draw funds first from plaintiff's regular account
and any portion of the initial partial payment remaining from plaintiff's release account. Carter
v. Bennett, 399 F. Supp. 2d 936, 937 (W.D. Wis. 2005).
ORDER
IT IS ORDERED that:
1. Plaintiff Curtis V. Brown is assessed an initial partial payment of $326.26.
Plaintiff must submit a check or money order payable to the clerk of court by August 1, 2024
or advise the court in writing why plaintiff is not able to make the initial partial payment.
2. If plaintiff fails to make the initial partial payment by August 1, 2024, or fails
to show cause why the payment could not be made, then I will assume that plaintiff wishes to
withdraw this action voluntarily. In that event, the case will be dismissed without prejudice to
plaintiff refiling at a later date.
3. No further action will be taken in this case until the clerk’s office receives the
initial partial payment as directed above and the court has screened the complaint as required
by the Prison Litigation Reform Act, 28 U.S.C. § 1915(e)(2). Once the screening process is
complete, the court will issue a separate order.
Entered this 9th day of July, 2024.
BY THE COURT:
/s/
ANDREW R. WISEMAN
United States Magistrate Judge