Jackson v. Department of Corrections et al

Filing 6

DECISION AND ORDER signed by Judge Pamela Pepper on 1/6/2017 ORDERING that by 1/27/2017, the plaintiff must file a written document with the court explaining why he has not paid the $1.63 initial partial filing fee and why the court should not dismiss his case for failure to pay. If the plaintiff does not either provide the written explanation or pay the $1.63 partial filing fee by the end of the day on 1/27/2017, the court will dismiss the case without further notice or hearing. (cc: all counsel; by US Mail to plaintiff and warden at Racine CI)(pwm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
______________________________________________________________________________
DEBRADRE D. JACKSON,
Plaintiff,
v.

Case No. 16-cv-1584-pp

DEPARTMENT OF CORRECTIONS, et al.,
Defendants.
______________________________________________________________________________
DECISION AND ORDER REGARDING PAYMENT
OF THE INITIAL PARTIAL FILING FEE
______________________________________________________________________________
The pro se plaintiff, Debradre D. Jackson, filed a civil rights complaint
pursuant to 42 U.S.C. §1983, dkt. no. 1, along with a motion for leave to
proceed without prepayment of the filing fee pursuant to 28 U.S.C. § 1915, dkt.
no. 3. On December 9, 2016, the court ordered that by December 30, 2016, the
plaintiff had to forward to the Clerk of Court the sum of $1.63 as an initial
partial filing fee. Id. at 5. The court advised the plaintiff that, once he paid this
fee, the court would decide whether to allow his case to proceed without
prepayment of the filing fee. As of today, the plaintiff still has not paid the
initial partial filing fee. From this failure to pay, the court infers that the
plaintiff no longer wants to prosecute this case.
Before dismissing this case for failure to pay the initial partial filing fee,
however, the court must determine whether Jackson is at fault for the nonpayment. See Thomas v. Butts, 745 F.3d 309, 312-13 (7th Cir. 2014). A court
may not dismiss the suit of a prisoner who has a lack of funds in the account.
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Id. at 312; see also §1915(b)(4) (“In no event shall a prisoner be prohibited from
bringing a civil action . . . for the reason that the prisoner has no assets and no
means by which to pay the initial partial filing fee.”). “But if the court finds that
the prisoner is unable to pay the partial filing fee at the time of collection
because he intentionally depleted his account to avoid payment, the court in its
sound discretion may dismiss the action.” Thomas, 745 F.3d at 312 (citations
and internal quotation omitted).
The court ORDERS that on or before January 27, 2017, the plaintiff
shall file a written document with the court, explaining to the court why he has
not paid the initial partial filing fee and why the court should not dismiss his
case for failure to pay. If the plaintiff does not either provide the written
explanation, or pay the $1.63 partial filing fee, by the end of the day on
January 27, 2017, the court will dismiss the case without further notice or
hearing.
The court will mail a copy of this order to the warden of Racine
Correctional Institution.
Dated in Milwaukee, Wisconsin this 6th day of January, 2017.

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