Kafi v. Eckstein et al

Filing 7

DECISION AND ORDER signed by Judge Lynn Adelman on 5/15/15 that plaintiff shall show cause why this case should not be dismissed for nonpayment of the initial partial filing fee. Further ordering that by Friday, June 5, 2015, plaintiff shall provide the court with information regarding why the initial partial filing fee has not been paid. (cc: all counsel, via USPS to plaintiff)(dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DAMALI MIDINA KAFI,
also known as EDWARD LEON JACKSON, SR.,
Plaintiff,
v.

Case No. 15-CV-334

SCOTT ECKSTEIN,
EDWARD WALL,
STEVE SCHUELER, and
JOHN/JANE DOE,
Defendants.

DECISION AND ORDER
Plaintiff Damali Midina Kafi, a state prisoner proceeding pro se, filed a civil rights
complaint pursuant to 42 U.S.C. § 1983 along with a motion for leave to proceed in forma
pauperis pursuant to 28 U.S.C. § 1915. By order dated April 2, 2015, I ordered plaintiff to
forward to the Clerk of Court by April 23, 2015, the sum of $21.25 as an initial partial filing
fee in this action. I advised plaintiff that, upon payment of this fee, I would determine
whether the action can proceed in forma pauperis. To date, plaintiff has not paid this
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, June 5, 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 15th day of May, 2015.
s/ Lynn Adelman
_______________________
LYNN ADELMAN
District Judge

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