Barrett v. Schrubbe et al

Filing 8

DECISION AND ORDER re 7 MOTION for Order filed by Carl Barrett signed by Judge Lynn Adelman on 1/22/15. Upon the request of plaintiff, the Warden at Waupun Correctional Institution shall withdraw $3.16 from plaintiffs release account and forward that sum to the Clerk of this Court as plaintiffs initial partial filing fee in this action. Such payment is to be made on or before February 11, 2015. (cc: all counsel, Financial, via USPS to plaintiff, Warden-WCI)(dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
CARL BARRETT,
Plaintiff,
v.

Case No. 14-CV-1607

BELINDA SCHRUBBE, RN D. LARSON,
RN LYON, RN BEYER,
RN ANN SLINGER, and RN GWEN WALTZ,
Defendants.

DECISION AND ORDER
On January 9, 2015, I ordered plaintiff to pay an initial partial filing fee of $3.16 to
the Clerk of Court within twenty-one days. See 28 U.S.C. § 1915(b)(1). By letter of
January 15, 2015, plaintiff requests that the $3.16 be withdrawn from his release account
and sent to the Clerk of Court for this district.
After due consideration, and in light of the plaintiff’s request that prison officials take
the $3.16 out of his release account, the Warden at Waupun Correctional Institution is
directed to submit to the Clerk of Court by February 11, 2015, the $3.16 as plaintiff’s
payment of his initial partial filing fee. See Doty v. Doyle, 182 F. Supp. 2d 750, 751-52
(E.D. Wis. 2002).
NOW, THEREFORE, IT IS ORDERED that, upon the request of plaintiff, the
Warden at Waupun Correctional Institution shall withdraw $3.16 from plaintiff’s release
account and forward that sum to the Clerk of this Court as plaintiff’s initial partial filing fee
in this action. Such payment is to be made on or before February 11, 2015. Upon

payment of this initial partial filing fee, the court will determine whether the action can
continue to proceed in forma pauperis.
IT IS ALSO ORDERED that a copy of this order be sent to the Warden at Waupun
Correctional Institution.
Dated at Milwaukee, Wisconsin, this 22nd day of January, 2015.

s/ Lynn Adelman
_______________________
LYNN ADELMAN
District Judge

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