Moore v. Flynn et al

Filing 57

AMENDED ORDER signed by Judge Pamela Pepper on 6/27/2017 VACATING portion of 8/9/2016 order that required collection of $449.09 balance of filing fee collected from plaintiff's prison trust account. Balance of filing fee corrected to $496.05. (cc: all counsel, via mail to Lamondre Moore and Warden at Redgranite Correctional Institution)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

LAMONDRE MOORE,
Plaintiff,
v.

Case No. 14-cv-1446-pp
Appeal No. 16-3097

MICHAEL VAGNINI,
Defendant.

**AMENDED** ORDER VACATING COURT’S AUGUST 9, 2016, ORDER
TO THE EXTENT THAT IT DIRECTED THE COLLECTION OF $449.09
FROM THE PLAINTIFF’S PRISON TRUST ACCOUNT AFTER PAYMENT
OF $5.91 INITIAL PARTIAL FILING FEE (DKT. NO. 51), AND DIRECTING
THE SECRETARY OF THE WISCONSIN DEPARTMENT OF
CORRECTIONS TO COLLECT THE **$496.05** BALANCE OF THE
APPELLATE FILING FEE FROM
THE PLAINTIFF’S PRISON TRUST ACCOUNT

On August 9, 2016, the court granted the plaintiff’s motion for leave to
proceed in forma pauperis on appeal, and directed him to pay an initial partial
filing fee of $5.91. Dkt. No. 51 at 4. The court also ordered that after the
plaintiff paid the initial partial filing fee, the Secretary of the Wisconsin
Department of Corrections or his designee should collect $449.09 from the
plaintiff’s prison trust account as the balance of the appeal fee. Id. The
appellate filing fee is *$505*; once the plaintiff paid the $5.91 initial partial
filing fee, the remaining balance of the appellate fee would have been
*$499.09*. *The court received the $5.91 initial partial filing fee on
August 29, 2016. The court has received $8.95 from the plaintiff.* This
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means that the plaintiff owes a remaining balance of *$496.05*, rather than
the $449.09 amount the court stated in its August 9, 2016 order.
The court ORDERS that that portion of the August 9, 2016 order that
required the Secretary to collect $449.09 from the plaintiff’s account is
VACATED.
The court ORDERS that the Secretary of the Wisconsin Department of
Corrections or his designee shall collect from the plaintiff’s prison trust
account the balance of the filing fee *($496.05)* by collecting monthly
payments from the plaintiff’s prison trust account in an amount equal to 20%
of the preceding month’s income credited to the plaintiff’s trust account and
forwarding payments to the Clerk of Court each time the amount in the
account exceeds $10.00, in accordance with 28 U.S.C. §1915(b)(2). The
Secretary or his designee shall clearly identify the payments by the case name
and number.
The court will send a copy of this order to the Warden of the Redgranite
Correctional Institution, 1006 County Rd. EE, P.O. Box 925, Redgranite, WI
54970-0925.
Dated in Milwaukee, Wisconsin this 27th day of June, 2017.
BY THE COURT:

HON. PAMELA PEPPER
United States District Judge

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