Murphy v. Kamphuis et al
Filing
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DECISION AND ORDER signed by Judge Pamela Pepper on 12/27/2016 GRANTING 10 Plaintiff's request to pay the initial partial filing fee from the release account. (cc: all counsel; by US Mail to Plaintiff and Warden at Waupun CI) (pwm)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
______________________________________________________________________________
SHAWN MURPHY,
Plaintiff,
v.
Case No. 16-cv-1462-pp
NIKKI KAMPHUIS AND JAMES MUENCHOW,
Defendants.
______________________________________________________________________________
DECISION AND ORDER GRANTING PLAINTIFF’S REQUEST TO PAY INITIAL
PARTIAL FILING FEE FROM RELEASE ACCOUNT (DKT. NOS. 8, 10)
______________________________________________________________________________
On November 7, 2016, the court ordered plaintiff Shawn Murphy to pay
an initial partial filing fee of $1.83 to the Clerk of Court by November 30, 2016,
pursuant to the Prison Litigation Reform Act. See 28 U.S.C. §1915(b)(1); Dkt.
No. 6. The plaintiff has indicated that, while he does not currently have funds
available in his trust account due to other obligations, his prison release
account contains enough money to pay the initial partial filing fee. Dkt. No. 8,
10. He states that he needs a court order for the warden to allow payment of
the initial partial filing fee from his release account. Dkt. No. 8, 10.
Because the plaintiff says that he needs a court order to access his
release account funds to pay the initial partial filing fee, the court will direct
the Warden at Waupun Correctional Institution to submit to the Clerk of Court
within twenty-one days of this order $1.83 as the plaintiff’s payment of his
initial partial filing fee. See Doty v. Doyle, 182 F. Supp. 2d 750, 751-52 (E.D.
Wis. 2002).
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The court GRANTS the plaintiff’s request to pay the initial partial filing
fee from his release account. Dkt. No. 8, 10.
The court ORDERS the Warden at the Waupun Correctional Institution
to withdraw $1.83 from the plaintiff’s release account, and forward that sum to
the Clerk of Court as the plaintiff’s initial partial filing fee by January 17,
2017. Once the court receives this initial partial filing fee, the court will
determine whether the case can continue to proceed without the plaintiff
prepaying the full filing fee.
The court will mail a copy of this order the Warden of Waupun
Correctional Institution, 200 S. Madison Street, P.O. Box 351, Waupun,
Wisconsin, 53963-0351.
Dated in Milwaukee, Wisconsin this 27th day of December, 2016.
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