Almond v. Pollard et al

Filing 13

ORDER signed by Judge Pamela Pepper on 11/24/2015 DISMISSING Case. (cc: all counsel; by US Mail to plaintiff and Warden at Waupun CI)(pwm)

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

Case No. 15-cv-568-pp

WILLIAM POLLARD, TONY MELI,
LT. SNYDER, BRIAN GREFF,
CO NELSON, CO GOESSER,
CO SWINGEN, NURSE SANDY,
ANN SLINGER, BELINDA SCHRUBBE,
DR. MANLOVE, DR. DAVID BURNETT,
DR. SCOTT HOFTIEZER, JIM GREER,
MARY MUSE, KRIS CHILSEN,
and UNKNOWN,
Defendants.
______________________________________________________________________________
DECISION AND ORDER DISMISSING CASE
______________________________________________________________________________
On October 26, 2015, the court denied the plaintiff’s motion for leave to
proceed in forma pauperis pursuant to 28 U.S.C. § 1915(g). Dkt. No. 12. The
court ordered the plaintiff to pay the remainder of the filing fee ($399.20) by
November 20, 2015, or the court would dismiss the case. Id. The plaintiff has
not paid the remainder of the fee, and thus the court will dismiss this case.
The plaintiff still owes the fee, see Newlin v. Helman, 123 F.3d 429, 433-34 (7th
Cir. 1997), rev’d on other grounds by, Walker v. O’Brien, 216 F.3d 626 (7th Cir.
2000) and Lee v. Clinton, 209 F.3d 1025 (7th Cir. 2000), and this order also
prescribes the procedure for collecting the remainder of the filing fee ($399.20).

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The court ORDERS that this case is DISMISSESD for failure to pay the
filing fee.
The court further ORDERS that the Secretary of the Wisconsin
Department of Corrections or his designee shall collect from the plaintiff’s
prison trust account the $399.20 balance of the 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 to the prisoner’s trust account and
forwarding payments to the clerk of the court each time the amount in the
account exceeds $10 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 mail a copy of this order to the Warden of Waupun
Correctional Institution, 200 S. Madison Street, P.O. Box 351, Waupun,
Wisconsin 53963-0351.
Dated in Milwaukee, Wisconsin this 24th day of November, 2015.

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