Mitchell v Foster et al

Filing 19

ORDER signed by Judge Pamela Pepper on 7/19/2018. 14 Plaintiff's MOTION for order to stop payment in Western District Case DENIED. That part of the court's 6/19/2018 order 13 directing agency having custody of plaintiff to collect $ ;332 balance of filing fee from plaintiff's prison trust account VACATED. Clerk of Court to transfer $12.20 plaintiff has paid toward filing fee in this case to Western District of Wisconsin to be applied in Mitchell v. Foster, Case No. 17-cv-628-wmc. (cc: all counsel, via mail to Ivan Mitchell and Mike Hille at Waupun Correctional Institution)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
______________________________________________________________________________
IVAN MITCHELL,
Plaintiff,
v.

Case No. 17-cv-1167-pp

ANN SCARPITA, NICOLE KAMPHUIS,
DONNA LARSON, LORI DOEHLING,
EMILY STADTMUELLER,
and JAMES MUENCHOW,
Defendants.
______________________________________________________________________________
ORDER DENYING PLAINTIFF’S MOTION TO STOP PAYMENT
(DKT. NO. 14), VACATING PART OF JUNE 19, 2018 ORDER (DKT. NO. 13)
AND ORDERING TRANSFER OF FUNDS
______________________________________________________________________________
Plaintiff Ivan Mitchell is a Wisconsin state prisoner representing himself.
He has filed a request to stop payment of the filing fee in his Western District of
Wisconsin case. Dkt. No. 14.
The plaintiff filed his complaint in the Western District of Wisconsin,
alleging that the defendants violated his civil rights, Mitchell v. Foster, Case No.
17-cv-628-wmc (W.D. Wis.). Dkt. No. 1. The plaintiff moved to transfer the case
to the Eastern District of Wisconsin, having recognized that he had filed the
complaint in the wrong court. Dkt. No. 6. Before the case transferred to this
district, however, the plaintiff paid an $18.00 initial partial filing fee in the
Western District, and that court issued a “Warden PLRA Letter” directing that

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the warden of the institution where the plaintiff was confined had to pay the
remainder of the filing fee to that court. Dkt. No. 5.
After the case transferred to this district, this court screened the
complaint, and directed the plaintiff’s institution to pay the $332.00 balance of
the filing fee to this court. While this court recognized that the plaintiff had
paid the $18.00 initial partial filing fee to the Western District of Wisconsin, it
missed the fact that the Western District of Wisconsin already had ordered the
plaintiff’s institution to pay the balance of the filing fee. This court should not
have directed the warden to collect the balance of the filing fee, because the
Western District already had done so in Mitchell v. Foster, Case No. 17-cv-628wmc (W.D. Wis.).
The court understands why the plaintiff has asked to stop payment to
the Western District. The court’s staff has spoken with the various clerks of
court, and with the business office at the plaintiff’s institution, and has learned
that instead of stopping payment in the Western District of Wisconsin, the
court should stop payment of the filing fee in this case, and should order that
the $12.20 that the plaintiff has paid in this case to be applied to the Western
District case number.
The plaintiff’s institution has submitted $12.20 to this court for this
case. The court will order the Milwaukee clerk’s office to transfer that amount
to the Western District of Wisconsin, to be applied in Mitchell v. Foster, Case
No. 17-cv-628-wmc (W.D. Wis). The court will vacate that part of its screening
order that directed collection of the remainder of the filing fee. The clerk’s office
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for the Western District will collect the balance of the filing fee, under the 17cv-628-wmc case number.
The court DENIES the plaintiff’s motion to stop payment in Western
District case. Dkt. No. 14.
The court VACATES that part of this court’s June 19, 2018 order that
directs the agency having custody of the plaintiff to collect the $332 balance of
the filing from plaintiff’s prison trust account. Dkt. No. 13.
The court ORDERS that the clerk’s office for the Eastern District of
Wisconsin shall TRANSFER the $12.20 the plaintiff has paid toward the filing
in this case to the Western District of Wisconsin, to be applied in Mitchell v.
Foster, Case No. 17-cv-628-wmc (W.D. Wis.).
The court will mail a copy of this order to Mike Hille, Waupun
Correctional Institution, P.O. Box 351, Waupun, Wisconsin 53963-0351.
Dated in Milwaukee, Wisconsin this 19th day of July, 2018.
BY THE COURT:
________________________________________
HON. PAMELA PEPPER
United States District Judge

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