Brown v. Does

Filing 273

ORDER signed by Chief Judge Pamela Pepper on 5/4/2022. 268 Defendants' motion for taxation of costs DENIED as moot. 268 Defendants' motion for reimbursement of costs GRANTED; agency having custody of plaintiff to collect $5,317.19 in costs from the plaintiff's prison trust account under 28 USC §1915(b)(2). (cc: all counsel and mailed to Ennis Brown and Warden at Wisconsin Secure Program Facility)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
______________________________________________________________________________
ENNIS LEE BROWN,
Plaintiff,
v.

Case No. 16-cv-241-pp

JACOB GENNRICH, MICHAEL HUBER,
and MICHAEL NINKOVIC,
Defendants.
______________________________________________________________________________
ORDER DENYING AS MOOT DEFENDANTS’ MOTION FOR TAXATION OF
COSTS (DKT. NO. 268) AND GRANTING DEFENDANTS’ MOTION FOR
REIMBURSEMENT OF COSTS (DKT. NO. 268)
______________________________________________________________________________
Ennis Lee Brown, who is confined at the Wisconsin Secure Program
Facility, filed this lawsuit alleging violations of his constitutional rights during
his confinement at the Milwaukee County Jail. Following a trial, the jury
returned a verdict for the defendants. Dkt. No. 260. The court entered
judgment on September 15, 2021. Dkt. No. 257. The defendants since have
filed a motion for taxation of costs and reimbursement of costs. Dkt. No. 268.
Three days after the defendants filed their motion, the Clerk of Court
filed a Bill of Costs, taxing costs in the amount of $5,317.91. Dkt. No. 271. The
court will deny as moot the defendants’ motion for the taxation of costs.
The defendants also request that the court issue an order for collection of
costs. Dkt. No. 269 at 2. Under the in forma pauperis statute—28 U.S.C.
§1915—if a judgment against a prisoner includes the payment of costs, the
prisoner shall be required to pay the full amount of the costs ordered. 28
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U.S.C. §1915(f)(2)(A). The monthly installment scheme described in §1915(b)(2)
for payment of suits or appeals launched by incarcerated persons applies to
costs awarded against incarcerated persons who do not prevail as to liability.
Bruce v. Samuels, 577 U.S. 82, 86 (2016) (citing 28 U.S.C. §1915(f)(2)(B)).1 The
court will grant the defendants’ motion and order payment of the costs in the
manner described in §1915(b)(2).
The court DENIES AS MOOT the defendants’ motion for taxation of
costs. Dkt. No. 268.
The court GRANTS the defendants’ motion for reimbursement of costs.
Dkt. No. 268.
The court ORDERS that the agency that has custody of the plaintiff must
collect from his institution trust account the full $5,317.19 amount of the costs
taxed 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
plaintiff’s trust account and forwarding payments to Milwaukee County
Corporation Counsel, 901 N. 9th St – Rm 303, Milwaukee, WI 53233-1425,
each time the amount in the account exceeds $10 in accordance with 28 U.S.C.
§1915(b)(2). The agency must clearly identify the payments by the case name
Subsection (f)(2)(B) provides: “The prisoner shall be required to make
payments for costs under this subsection in the same manner as is provided
for filing fee under subsection (a)(2).” “Subsection (f)(2)(B)’s reference to
subsection (a)(2) is a scrivener’s error as the reference should be to subsection
(b)(2).” Johnson v. McNeil, 217 F.3d 298, 300 (5th Cir. 2000) (citing Talley-Bey
v. Knebl, 168 F.3d 884, 886-87 (6th Cir. 1999)). Subsection (a)(2) states only
that a prisoner bringing suit shall submit a certified copy of his trust fund
account statement, while subsection (b)(2) provides a mechanism for the
payment of filing fees.
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and number. If the plaintiff transfers to another county, state or federal
institution, the transferring institution must forward a copy of this order, along
with the plaintiff’s remaining balance, to the receiving institution.
The court will send a copy of this order to the Warden at Wisconsin
Secure Program Facility.
Dated in Milwaukee, Wisconsin this 4th day of May, 2022.
BY THE COURT:
________________________________________
HON. PAMELA PEPPER
Chief United States District Judge

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