Dunn v. Strahota et al

Filing 51

ORDER signed by Judge Pamela Pepper on 9/25/2017 DENYING 50 plaintiff's motion for order that he not be transferred and that he be allowed to use funds from release account to pay for copies. (cc: all counsel, via mail to Larry Dunn at Oshkosh Correctional Institution) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
______________________________________________________________________________
LARRY H. DUNN, JR.,
Plaintiff,
v.

Case No. 15-cv-632-pp

DONALD STRAHOTA, et al.,
Defendants.
______________________________________________________________________________
DECISION AND ORDER DENYING PLAINTIFF’S MOTION FOR
AN ORDER THAT HE NOT BE TRANSFERRED AND
THAT HE BE ALLOWED TO USE FUNDS FROM HIS RELEASE
ACCOUNT TO PAY FOR COPIES (DKT. NO. 50)
______________________________________________________________________________
This case, which was originally assigned to U.S. District Court Judge
Charles Clevert, has been closed since June 30, 2016, when the parties filed a
stipulation of dismissal. Dkt. No. 48. More than a year after the court
terminated the case under that stipulation of dismissal, the plaintiff has filed a
motion asking the court to order that he not be transferred off of “Q-Unit” or
out of Oshkosh Correctional Institution, and that he be allowed to use funds
from his release account to make copies of the filings in this case. Dkt. No. 50.
Judge Clevert has retired, so the clerk of court’s office reassigned the
case to this court. The court will deny the plaintiff’s motion.
Because the plaintiff’s case is closed, the court cannot grant the relief he
seeks, especially because the requested relief has nothing to do with the claims
that were at issue in his case. Even if an active case were pending before the
court, the court would deny the plaintiff’s motion. The court is reluctant to
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interfere with a correctional institution’s administrative policies and practices.
The court leaves decisions on transfers within or between institutions and
decisions relating to the use of prisoner funds and loans to the sound
discretion of institution staff, who are better positioned to make such
decisions.
The court notes that the plaintiff alleges in his motion that an unnamed
officer is retaliating against him. If the plaintiff believes this officer is violating
his constitutional rights, he may file a complaint after exhausting his
administrative remedies.
Finally, the plaintiff asks the court to inform him of how much it would
cost to get copies of the filings in Case No. 15-cv-632. The clerk of court’s office
indicates that the parties filed a total of 227 pages of documents in that case.
Parties are required to pay $0.10 per page for copies. Thus, if the plaintiff
would like a copy of every document filed in his now-closed case, he would be
required to send the clerk of court’s office $22.70.
The court DENIES the plaintiff’s motion for an order that he not be
transferred and that he be allowed to pay for copies with funds in his release
account. Dkt. No. 50.
Dated in Milwaukee, Wisconsin this 25th day of September, 2017.
BY THE COURT:
________________________________________
HON. PAMELA PEPPER
United States District Court Judge

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