Hunley, Johnny v. Parr, Nicole et al

1

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

JOHNNY RAY HUNLEY, JR.,

Plaintiff,
v.

NICOLE PARR, et al.

Defendants.

ORDER

Case No. 24-cv -22-wmc

On January 17, 2024, I entered an order assessing plaintiff Johnny Ray Hunley, Jr. an
initial partial payment of $1.90 in this case. Now plaintiff has filed a request to defer or forgive
the initial partial filing fee, which I construe as a motion to waive the initial partial filing fee.
Dkt. 5. I will deny the motion without prejudice for the following reasons:
In 28 U.S.C. § 1915(b)(1), Congress established a formula to determine the filing fee
for a federal civil action or appeal by a prisoner seeking leave to proceed in forma pauperis. The
statute says, “ The court shall assess and, when funds exist, collect, as a partial payment of any
court fees required by law, an initial partial filing fee of 20 percent of the greater of — (A) the
average monthly deposits to the prisoner’s account; or (B) the average monthly balance in the
prisoner’s account for the 6-month period immediately preceding the filing of the complaint or
notice of appeal.”
In calculating the initial partial payment in this case, I used the trust fund account
statement that plaintiff submitted on January 16, 2024. I determined that his average monthly
balance was $9.52. Twenty percent of $9.52 is $1.90. I will deny the motion to waive the
initial partial filing fee without prejudice, and I will give plaintiff an extension of time until
March 13, 2024, to submit the $1.90 initial partial payment.

Case: 3:24-cv-00022-wmc Document #: 7 Filed: 02/13/24 Page 1 of 2

2

ORDER
IT IS ORDERED that:
1. Plaintiff Johnny Ray Hunley, Jr.’s motion to waive the initial partial filing fee is
DENIED without prejudice.
2. Plaintiff may have an extension of time until March 13, 2024, to submit a check
or money order payable to the clerk of court in the amount of $1.90, or to submit an updated
inmate account statement or other documentation that shows how his financial situation has
changed.
3. If plaintiff fails to make the initial partial payment by March 13, 2024, or fails
to show cause why the payment could not be made, then I will assume that plaintiff wishes to
withdraw this case voluntarily. In that event, the case will be dismissed without prejudice to
plaintiff refiling at a later date.

Entered this 13th day of February, 2024.

BY THE COURT:

/s/
ANDREW R. WISEMAN
United States Magistrate Judge

Case: 3:24-cv-00022-wmc Document #: 7 Filed: 02/13/24 Page 2 of 2