Almond v. Pollard et al

Filing 129

ORDER COLLECTING APPELLATE FILING FEE signed by Judge Pamela Pepper on 6/20/2017. Agency having custody of plaintiff to collect $505 balance of appeal filing fee from plaintiff's prison trust account in accordance with 28 U.S.C. §1915(b). (cc: all counsel, via mail to Dwayne Almond and Warden at Milwaukee Secure Detention Facility; 7th Circuit PLRA Attorney)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
______________________________________________________________________________
DWAYNE ALMOND,
Plaintiff,
v.

Case No. 14-cv-901-pp
Appeal No. 17-1218

WILLIAM POLLARD, ET AL.,
Defendants.
______________________________________________________________________________
ORDER COLLECTING APPELLATE FILING FEE
______________________________________________________________________________
On January 27, 2017, the plaintiff, an incarcerated inmate who is
representing himself, filed a notice of appeal of this court’s order denying his
motion to proceed without prepaying the filing fee. Dkt. No. 116. On February
24, 2017, this court denied the plaintiff’s request to proceed without prepaying
the filing fee on appeal and directed the plaintiff to pay the appellate filing fee
of $505.00 within fourteen days of the order. Dkt. No. 123. The plaintiff did not
pay the appellate filing fee, and the United States Court of Appeals for the
Seventh Circuit dismissed his appeal on May 10, 2017. Dkt. No. 128.
This court now must collect the outstanding fees using the procedures
outlined in 28 U.S.C. §1915(b).
The court ORDERS that the agency having custody of the plaintiff shall
collect from his institution trust account the $505.00 balance of the appeal
filing fee by collecting monthly payments from the plaintiff’s prison trust
account in an amount equal to 20% of the preceding month’s income credited
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to the prisoner’s trust account and forwarding payments to the Clerk of Court
each time the amount in the account exceeds $10 in accordance with 28 U.S.C.
§ 1915(b)(2). The agency shall clearly identify the payments by the case name
and number. If the plaintiff is transferred to another institution (county, state
or federal), the transferring institution shall forward a copy of this order to the
new institution, along with plaintiff’s remaining balance to the receiving
institution.
The court will send a copy of this order to the officer in charge of the
agency where the inmate is confined (the warden of the Milwaukee Secure
Detention Facility), and will send a copy of the order to PLRA Attorney, United
States Court of Appeals for the Seventh Circuit, 219 S. Dearborn Street, Rm.
2722, Chicago, Illinois 60604.
Dated in Milwaukee, Wisconsin this 20th day of June, 2017.
BY THE COURT:
________________________________________
HON. PAMELA PEPPER
United States District Judge

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