Harris v. Smith

Filing 41

ORDER signed by Judge Pamela Pepper on 6/8/2018. 30 Petitioner's MOTION for Leave to Appeal Without Prepayment of the Filing Fee GRANTED. By 7/6/2018 petitioner to pay $20.71 as an initial partial filing fee; after $20.71 is paid, Wi s. Dept. of Corrections to collect $484.29 balance of filing fee from petitioner's prison trust account under 28 USC §1915(b)(2). 38 Petitioner's MOTION for Leave to Appeal Without Prepayment of the Filing Fee DENIED as moot. (cc: all counsel, via mail to Jeffrey Harris and Warden at Oshkosh Correctional Institution; 7th Circuit PLRA Attorney)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
JEFFREY HARRIS,
Petitioner/Appellant
v.

Case No. 17-cv-663-pp
Appeal No. 18-1754

JUDY SMITH, Warden,
Oshkosh Correctional Institution,
Respondent/Appellee.
ORDER GRANTING THE PETITIONER’S MOTION FOR LEAVE TO APPEAL
WITHOUT PREPAYMENT OF THE FILING FEE (DKT. NO. 30)
On April 9, 2018, the petitioner/appellant filed a motion for leave to
appeal without prepayment of the filing fee. Dkt. No. 30. On April 17, 2018, he
filed a second motion for the same relief. Dkt. No. 38. On May 14, 2018, the
court issued an order informing the petitioner/appellant that before it could
determine whether to grant his motion to appeal without prepaying the filing
fee, he needed to file his trust account statement for the period from October 1,
2017 through March 31, 2018. Dkt. No. 39. On May 23, 2018, the petitioner
filed his trust account statement covering the time period requested. Dkt. No.
40. The court has reviewed that statement, and finds that the petitioner has
established that he is indigent.
The court will require the petitioner to pay an initial partial filing fee of
$20.71, as well as additional payments under 28 U.S.C. §1915(b)(2). After he
pays the initial partial filing fee, the petitioner must make monthly payments of
twenty percent of the preceding month’s income until the filing fee is paid in
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full. 28 U.S.C. §1915(b)(2). The agency that has custody of the petitioner will
collect the money and send payments to the court. No payment is required in
months when the prisoner’s preceding month’s income is $10.00 or less. Id.
The court GRANTS the petitioner’s motion for leave to appeal without
prepayment of the filing fee. Dkt. No. 30.
The court DENIES AS MOOT the petitioner’s second motion for leave to
appeal without prepayment of the filing fee. Dkt. No. 38.
The court ORDERS that the petitioner shall forward to the Clerk of Court
$20.71 as the initial partial filing fee. The court ORDERS that the petitioner
must send the money in time for the clerk to receive it by the end of the day on
July 6, 2018. If the clerk does not receive that payment by the end of the day
on July 6, 2018, the court of appeals may dismiss his appeal. The petitioner
shall clearly identify the payment by the district court case number (17-cv-663)
and the court of appeals case number (18-1754).
The court further ORDERS that, after the petitioner pays the initial filing
fee, the Secretary of the Wisconsin Department of Corrections or his designee
shall collect from the petitioner’s prison trust account the $484.29 balance of
the filing fee by collecting monthly payments from the petitioner’s prison trust
account in an amount equal to 20% of the preceding month’s income credited
to the petitioner’s trust account and forwarding payments to the Clerk of Court
each time the amount in the account exceeds $10.00, in accordance with 28
U.S.C. §1915(b)(2). The Secretary or his designee shall clearly identify the
payments by the court of appeals case name and case number (18-1754). If the
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petitioner is transferred to another institution—county, state or federal—the
transferring institution shall forward a copy of this order to that institution,
along with the petitioner’s remaining balance.
The court will send copies of this order to the officer in charge of the
agency where the petitioner 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 8th day of June, 2018.
BY THE COURT:
_____________________________________
HON. PAMELA PEPPER
United States District Judge

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