Castellano v. Mahin et al

Filing 10

ORDER signed by Judge J.P. Stadtmueller on 5/18/2017 DENYING 8 Plaintiff's Motion To Pay Initial Partial Filing Fee with Stamped Envelopes and ORDERING Plaintiff to pay his initial partial filing fee with U.S. currency by 6/13/2017. (cc: all counsel; via mail to John J. Castellano at Racine Correctional Institution with Plaintiff's stamped envelopes enclosed) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
JOHN J. CASTELLANO,
Plaintiff,

v.

REBECCA MAHIN and WISCONSIN
DEPARTMENT OF CORRECTIONS
DIVISION OF COMMUNITY
CORRECTIONS,

Case No. 17-CV-598-JPS

ORDER

Defendants.
On May 9, 2017, the consistent with the requirements of the in forma
pauperis statute, 28 U.S.C. § 1915(b), the Court ordered Plaintiff to pay an
initial partial filing fee (“IPFF”) of $1.35. (Docket #7). On May 16, 2017,
Plaintiff filed a motion for leave to use stamped envelopes as a substitute
for actual currency to pay that amount. (Docket #8). The Court must deny
the motion.1 The IPFF requirement is the same in every prisoner-filed civil
action and must be applied to everyone equally. Further, the method for
calculating the IPFF is fair; the equation is set by Section 1915(b), and the
amount is set by applying that equation to Plaintiff’s trust account
statement. Nevertheless, in light of Plaintiff’s circumstances, the Court will
allow him an extended period in which to pay the IPFF. Plaintiff must pay

Given the denial of Plaintiff’s motion, the Clerk’s Office is directed to
return Plaintiff’s stamped envelopes when sending him a copy of this Order.
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the $1.35 IPFF in United States currency no later than June 13, 2017, or this
action will be dismissed.2
Accordingly,
IT IS ORDERED that Plaintiff’s motion to use stamped envelopes to
pay his IPFF (Docket #8) be and the same is hereby DENIED; and
IT IS FURTHER ORDERED that Plaintiff shall pay his IPFF on or
before June 13, 2017.
Dated at Milwaukee, Wisconsin, this 18th day of May, 2017.
BY THE COURT:

__________________
J. P. Stadtmueller
U.S. District Judge

Plaintiff may use his release account to pay the IPFF. See, e.g., Doty v.
Doyle, 182 F.Supp.2d 750, 751 (E.D. Wis. 2002) (noting that “both the Wisconsin
Prison Litigation Reform Act. . .and the federal Prison Litigation Reform Act
[(“PLRA”)]. . .authorize the courts to order that. . .a prisoner's release account be
made available [to pay an IPFF]”). The Court will not make that election for him,
however.
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