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)

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).
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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

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