Walker v. Wisconsin Department of Corrections et al
Filing
22
ORDER signed by Judge Lynn Adelman on 4/13/16 that the Secretary of the Wisconsin Department of Corrections or his designee shall collect from plaintiffs prison trust account the $505.00 balance of the appeal filing fee as set forth herein. (cc: all counsel, Financial, via USPS to plaintiff, Warden, PLRA Attorney)(dm)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
TONY D. WALKER,
Plaintiff,
v.
Case No. 15-CV-979
Appeal No. 16-1241
WISCONSIN DEPARTMENT OF CORRECTIONS, et al.,
Defendants.
ORDER
The pro se plaintiff, a prisoner at all relevant times, filed a notice of appeal on
February 5, 2016. On February 13, 2016, this court denied plaintiff’s request to proceed
in forma pauperis on appeal and directed plaintiff to remit $505.00 within fourteen days
of such order as an appellate filing fee. See Newlin v. Helman, 123 F.3d 429, 434 (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). Plaintiff failed to do so, and the
United States Court of Appeals for the Seventh Circuit dismissed his appeal on April 7,
2016.
This court must now collect the outstanding fees by the procedures outlined in 28
U.S.C. § 1915(b). Newlin, 123 F.3d at 434.
IT IS THEREFORE ORDERED that the Secretary of the Wisconsin Department
of Corrections or his designee shall collect from plaintiff’s prison trust account the
$505.00 balance of the appeal filing fee by collecting monthly payments from 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 payments shall be clearly identified by the case name and numbers
assigned to this action.
IT IS ALSO ORDERED that copies of this order be sent to the Warden of the
institution where the inmate is confined and to PLRA Attorney, United States Court of
Appeals for the Seventh Circuit, 219 S. Dearborn Street, Rm. 2722, Chicago, Illinois
60604.
Dated at Milwaukee, Wisconsin, this 13th day of April, 2016.
BY THE COURT:
s/ Lynn Adelman
______________________________
LYNN ADELMAN
United States District Judge
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