Murphy v. Hartman et al.

Filing 8

ORDER signed by Judge Pamela Pepper on 5/7/2018 GRANTING 7 plaintiff's motion to pay initial partial filing fee from release account. By 5/21/2018 Waupun Correctional Institution to forward $1.73 to clerk of court from plaintiff's release account. (cc: all counsel, via mail to Shawn Murphy and Warden at Waupun Correctional Institution) (cb)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN ______________________________________________________________________________ SHAWN MURPHY, Plaintiff, v. Case No. 18-cv-584-pp C. HARTMAN, JAMES MUENCHOW, N. KAMPHUIS, BRETT HELMER, AIMEE WILSON, and WISCONSIN DEPARTMENT OF CORRECTIONS, Defendants. ______________________________________________________________________________ ORDER GRANTING PLAINTIFF’S MOTION FOR COURT ORDER TO USE RELEASE ACCOUNT TO PAY INITIAL PARTIAL FILING FEE (DKT. NO. 7) ______________________________________________________________________________ The plaintiff is a Wisconsin state prisoner representing himself. On April 13, 2018, the court ordered the plaintiff to pay an initial partial filing fee of $1.73 to the Clerk of Court, under the Prison Litigation Reform Act (28 U.S.C. §1915(b)(1)). Dkt. No. 5. The plaintiff has filed a motion, asking the court to issue an order allowing him to use his release account to pay the initial partial filing fee. Dkt. No. 7. He states that, due to other obligations, he does not have money in his regular account, but that he does have money in his release account. Id. The court will direct that by May 21, 2018, the warden at the Waupun Correctional Institution shall submit to the Clerk of Court $1.73 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). 1 The court GRANTS the plaintiff’s motion for court order to use release account to pay initial partial filing fee. Dkt. No. 7. The court ORDERS the agency having custody of the plaintiff to withdraw $1.73 from the plaintiff’s release account and forward that sum to the Clerk of Court as the plaintiff’s initial partial filing fee, in time for the court to receive it on or before May 21, 2018. The court will send a copy of this order to the agency having custody of the plaintiff. Dated in Milwaukee, Wisconsin this 7th day of May, 2018. BY THE COURT: ________________________________________ HON. PAMELA PEPPER United States District Judge 2

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