Scott v. Randstad US et al

Filing 7

DECISION AND ORDER signed by Judge Lynn Adelman on 4/16/15 that plaintiff shall show cause why this case should not be dismissed for nonpayment of the initial partial filing fee. Further ordering that on or before Friday, May 8, 2015, plaintiff shall provide the court with information regarding why the initial partial filing fee has not been paid. (cc: via USPS to plaintiff, Warden-GBCI)(dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
STEVEN DIONNE SCOTT,
Plaintiff,
v.

Case No. 15-CV-133

RANDSTAD US and SPHERION STAFFING LLC,
Defendants,

DECISION AND ORDER
On March 7, 2015, I ordered plaintiff to forward $9.69 to the Clerk of Court on or
before March 28, 2015, as an initial partial filing fee in this action. See 28 U.S.C § 1915(b).
Plaintiff must pay the initial partial filing before I decide whether he may proceed in forma
pauperis and screen his complaint under 28 U.S.C. § 1915(e). To date, plaintiff has not
paid the initial partial filing fee. From this failure to pay the initial filing fee, I infer that
plaintiff no longer wants to prosecute this action.
However, before dismissing this case for failure to pay the initial fee, I must
determine whether the prisoner is at fault for the non-payment. See Thomas v. Butts, 745
F.3d 309, 312-13 (7th Cir. 2014). A court may not dismiss the suit of a prisoner who has
a lack of funds in the account. Id. at 312; see also § 1915(b)(4) (“In no event shall a
prisoner be prohibited from bringing a civil action . . . for the reason that the prisoner has
no assets and no means by which to pay the initial partial filing fee.”). “But if the court finds
that the prisoner is unable to pay the partial filing fee at the time of collection because he
intentionally depleted his account to avoid payment, the court in its sound discretion may
dismiss the action.” Thomas, 745 F.3d at 312 (citations and internal quotation omitted).

THEREFORE, IT IS ORDERED that plaintiff shall show cause why this case should
not be dismissed for nonpayment of the initial partial filing fee.
IT IS FURTHER ORDERED that on or before Friday, May 8, 2015, plaintiff shall
provide the court with information regarding why the initial partial filing fee has not been
paid.
IT IS ALSO ORDERED that a copy of this order be sent to the warden of the
institution where the inmate is confined.
Dated at Milwaukee, Wisconsin, this 16th day of April, 2015.

s/ Lynn Adelman
_______________________
LYNN ADELMAN
District Judge

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