Harris, Richard v. Deluca, Micheal

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
RICHARD P. HARRIS,
Plaintiff,
v.
MICHEAL DELUCA,
Defendant.
ORDER
Case No. 25-cv-853-wmc
This case was closed because the court did not receive the $405 filing fee or a motion
to proceed without prepayment of the filing fee and certified copy of plaintiff’s trust fund
account statement for the six-month period preceding the filing of the complaint. Plaintiff has
now submitted a motion to proceed without prepayment of the filing fee and account
statement, and the court concludes that plaintiff does qualify for indigent status.
Even when an inmate qualifies for indigent status, an initial partial payment of the filing
fee must be paid as determined by the formula set forth in 28 U.S.C. § 1915(b)(1). 	Using
information from plaintiff’s trust fund account statement, I have calculated the initial partial
payment to be $2.10. 	For this case to proceed, plaintiff must submit $2.10 on or before
February 6, 2026.
If plaintiff does not have enough money to make the initial partial payment from a
regular inmate trust account, then plaintiff should arrange with prison authorities to pay the
remainder of the initial partial payment from plaintiff’s release account.
Case: 3:25-cv-00853-wmc Document #: 12 Filed: 01/09/26 Page 1 of 2

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ORDER
IT IS ORDERED that plaintiff Richard P. Harris may have until February 6, 2026 to
submit a check or money order payable to the clerk of court in the amount of $2.10 as the
initial partial payment in this case. If plaintiff complies with this deadline, then the case will
be reopened and screened on the merits pursuant to 28 U.S.C. § 1915(e)(2). Otherwise, the
case will remain closed.
Entered this 9th day of January, 2026.
BY THE COURT:
/s/
ANDREW R. WISEMAN
United States Magistrate Judge
Case: 3:25-cv-00853-wmc Document #: 12 Filed: 01/09/26 Page 2 of 2