Briggs v. Philip Morris USA et al

Filing 4

ORDER signed by Magistrate Judge William E Callahan Jr on 5/9/07. Plaintiff Washington shall either pay the filing fee or file a motion for leave to proceed in forma pauperis within 20 days. Failure to comply will result in dismissal. (cc: Pltfs, Warden, and AAG Finkelmeyer via US Mail)(rz)

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Briggs v. Philip Morris USA et al Doc. 4 Case 2:07-cv-00418-WEC Filed 05/09/2007 Page 1 of 2 Document 4 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN TROY LEE BRIGGS and JEREL WASHINGTON Plaintiffs, v. PHILIP MORRIS USA and R.J. REYNOLDS, Case No. 07-C-418 Defendants. ORDER Plaintiffs Troy Lee Briggs ("Briggs"), Jerel Washington ("Washington"), and other unnamed individuals filed a complaint suing the defendants pursuant to 42 U.S.C. 1983. Briggs filed a request for leave to proceed in forma pauperis, and filed a certified copy of his prisoner trust account statement for the 6-month period immediately preceding the filing of the complaint as required under 28 U.S.C. 1915(a)(2). On May 9, 2007, in accordance with the provisions of 28 U.S.C. 1915(b)(1), Briggs was ordered to forward to the clerk of this court the sum of $1.57 as an initial partial filing fee in this action. However, pursuant to the Prison Litigation Reform Act ("PLRA"), 28 U.S.C. 1915(b)(1), and the Seventh Circuit's holding in Boriboune v. Berge, 391 F.3d 852 (7th Cir. 2004), each plaintiff is required to pay a statutory filing fee of $350.00. Washington has neither paid the fee nor filed a motion for leave to proceed in forma pauperis. Such being the case, Washington has twenty (20) days from the date of this order to pay the filing fee or file a motion for leave to proceed in forma Dockets.Justia.com Case 2:07-cv-00418-WEC Filed 05/09/2007 Page 2 of 2 Document 4 pauperis along with "a certified copy of the trust fund account statement . . . for the 6-month period immediately preceding the filing of the complaint." 28 U.S.C. 1915(a)(2). Failure to comply with this order will result in dismissal from this action. NOW THEREFORE IT IS ORDERED that Washington has twenty (20) days from the date of this order to pay the filing fee or file a motion for leave to proceed in forma pauperis; failure to comply with this order will result in dismissal from this action. IT IS FURTHER ORDERED that copies of this order be sent to the warden of the institution where the inmate is confined and to Corey F. Finkelmeyer, Assistant Attorney General, Wisconsin Department of Justice, P.O. Box 7857, Madison, Wisconsin, 53707-7857. SO ORDERED this 9th day of May 2007, at Milwaukee, Wisconsin. /s/ William E. Callahan, Jr. WILLIAM E. CALLAHAN, JR. United States Magistrate Judge 2

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