London v. Gabrysiak et al

Filing 23

DECISION AND ORDER signed by Judge Lynn Adelman on 2/11/15 that the Secretary of the Wisconsin Department of Corrections or his designee shall collect from plaintiff's prison trust account the $505.00 balance of the filing fee as set forth herein. (cc: all counsel, via USPS to plaintiff, Warden-DCI, PLRA Attorney)(dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
KEITH LONDON,
Plaintiff,
v.

Case No. 14-CV-0445

JEFFREY M. GABRYSIAK,
GREGORY SCHULER,
KATIE WILSON, and
ANTHONY A. OWENS, JR.,
Defendants,

DECISION AND ORDER
Plaintiff, Keith London, a prisoner at all relevant times, filed a notice of appeal on
October 27, 2014. On December 29, 2014, I denied plaintiff’s motion for leave to proceed
in forma pauperis on appeal and directed plaintiff to remit $505.00 by January 12, 2015.
See Newlin v. Helman, 123 F.3d 429, 434 (7th Cir. 1997), rev’d on other grounds by,
Walker v. O’Brien, 216 F.3d 626 (7th Cir. 2000) and Lee v. Clinton, 209 F.3d 1025 (7th Cir.
2000). Plaintiff failed to do so, and the United States Court of Appeals for the Seventh
Circuit dismissed his case on February 6, 2015. I must now collect the outstanding fees
by the procedures outlined in 28 U.S.C. §1915(b). Newlin, 123 F.3d at 434.
THEREFORE, IT IS ORDERED that the Secretary of the Wisconsin Department of
Corrections or his designee shall collect from plaintiff's prison trust account the $505.00
balance of the filing fee by collecting monthly payments from plaintiff's prison trust account
in an amount equal to 20% of the preceding month's income credited to the prisoner's trust
account and forwarding payments to the clerk of the court each time the amount in the

account exceeds $10 in accordance with 28 U.S.C. § 1915(b)(2). The payments shall be
clearly identified by the case name and numbers assigned to this action.
IT IS ALSO ORDERED that copies of this order be sent to the warden of the
institution where the inmate is confined and to PLRA Attorney, United States Court of
Appeals for the Seventh Circuit, 219 S. Dearborn Street, Rm. 2722, Chicago, Illinois
60604.
Dated at Milwaukee, Wisconsin, this 11th day of February, 2015.
s/ Lynn Adelman
______________________
LYNN ADELMAN
District Judge

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