KERN v. STATE OF INDIANA DEPARTMENT OF CORRECTIONS et al

Filing 12

ENTRY - In his filing of June 4, 2010, the plaintiff objects to the court's order to collect the balance of $336.00 to pay the entire filing fee. The court's order directing monthly payments to collect the balance of the $350.00 filing fee for this action was proper. The plaintiff's filing of June 4, 2010, treated as an objection to that order, is overruled. Signed by Judge William T. Lawrence on 6/24/2010.(TRG)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA MICHAEL L. KERN, Plaintiff, vs. STATE OF INDIANA DEPT OF CORRECTIONS, et al., Defendants. ) ) ) ) ) ) ) ) )

No. 1:10-cv-379-WTL-JMS

ENTRY In his filing of June 4, 2010, the plaintiff objects to the court's order to collect the balance of $336.00 to pay the entire filing fee. The plaintiff incurred the obligation to pay $350.00 upon the filing of this lawsuit. United States v. Antonelli, 371 F.3d 360, 362 (7th Cir. 2004) ("even when granting in forma pauperis status, the district court assesses an initial partial filing fee that a prisoner must prepay, and the entire filing fee will eventually be deducted from the inmate's prison trust account."); Hains v. Washington, 131 F.3d 1248, 1250 (7th Cir. 1997) (filing fees must be paid even when a case is dismissed under § 1915A); Abdul-Wadood v. Nathan, 91 F.3d 1023, 1025 (7th Cir. 1996) (filing a new action or appeal triggers an obligation to pay the docket fee). The court's order directing monthly payments to collect the balance of the $350.00 filing fee for this action was proper. The plaintiff's filing of June 4, 2010, treated as an objection to that order, is overruled. IT IS SO ORDERED.

Date:

06/24/2010

_______________________________ Hon. William T. Lawrence, Judge United States District Court Southern District of Indiana

Distribution: Michael Kern #972449 Putnamville Correctional Facility 1946 West U.S. 40 Greencastle, IN 46135-9275