Larry v. Meisner et al

Filing 99

ORDER signed by Judge Pamela Pepper on 6/17/2019. By 6/19/2019 plaintiff to pay initial partial filing fee of $38.33 in appeal. Once initial partial filing fee is paid, institution having custody of plaintiff to collect $466.67 balance of filing fee from plaintiff's prison trust account under 28 USC §1915(b)(2). (cc: all counsel, via mail to Orlando Larry and Warden at FCI Gilmer; 7th Circuit PLRA Attorney)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
______________________________________________________________________________
ORLANDO LARRY,
Plaintiff,
v.

Case No. 16-cv-1108-pp
Appeal No. 19-1563

RUSSELL GOLDSMITH, et al.,
Defendants.
______________________________________________________________________________
ORDER DIRECTING PLAINTIFF TO PAY
INITIAL PARTIAL FILING FEE ON APPEAL
______________________________________________________________________________
On June 11, 2019, the court granted the plaintiff’s motion to proceed
with his appeal without prepaying the filing fee. Dkt. No. 97. In order to
proceed, the plaintiff must pay an initial partial filing fee. Based on the certified
copy of his prison trust account statement for the six-month period
immediately preceding the filing of his notice of appeal, the plaintiff is required
to pay an initial partial filing fee of $38.33, as well as additional payments
under to 28 U.S.C. §1915(b)(2) as explained below. 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). The
plaintiff must pay the initial partial filing fee within 21 days.
The court ORDERS that by the end of the day on July 19, 2019, the
plaintiff must pay the sum of $38.33 as the initial partial filing fee in this
appeal. The plaintiff’s failure to pay the initial partial filing fee may result in
dismissal of his appeal. The payment should be sent to Clerk of Court, Eastern
District of Wisconsin, 517 E. Wisconsin Ave., Rm. 362, Milwaukee, Wisconsin,

53202 and should be clearly identified by the case name and number(s)
assigned to this case.
The court also ORDERS that after the initial filing fee has been paid, the
agency having custody of the plaintiff shall collect from his institution trust
account the $466.67 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 plaintiff’s trust account and
forwarding payments to the Clerk of Court each time the amount in the
account exceeds $10 in accordance with 28 U.S.C. §1915(b)(2). The payments
must be clearly identified by the case name and number assigned to this case.
If the plaintiff is transferred to another county, state, or federal institution, the
transferring institution shall 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 Gilmer Federal Correctional
Institution, where the plaintiff 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 in Milwaukee, Wisconsin this 17th day of June, 2019.
BY THE COURT:
________________________________________
HON. PAMELA PEPPER
United States District Court Judge

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