Holifield v. Dohms et al

Filing 9

ORDER signed by Judge Pamela Pepper on 7/20/2018. By 8/3/2018 plaintiff to pay $5.43 filing fee or file written document explaining why he cannot pay fee. Failure to file by deadline will result in dismissal of case. (cc: all counsel, via mail to Al Holifield)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
______________________________________________________________________________
AL HOLIFIELD,
Plaintiff,
v.

Case No. 18-cv-807-pp

WARDEN DOHMS, et al.,
Defendants.
______________________________________________________________________________
ORDER REQUIRING THE PLAINTIFF TO PAY THE INITIAL PARTIAL FILING
FEE, OR EXPLAIN WHY HE CANNOT DO SO, BY THE END OF THE DAY ON
AUGUST 3, 2018, OR FACE DISMISSAL OF HIS CASE
______________________________________________________________________________
Plaintiff Al Holifield, who is representing himself, filed a complaint, dkt.
no. 1, along with a motion for leave to proceed without prepayment of the filing
fee, dkt. no. 2. Regarding the motion to proceed without prepaying the filing
fee, the court ordered that by June 27, 2018, the plaintiff was to forward to the
Clerk of Court $5.43 as an initial partial filing fee. Dkt. No. 7. The court
advised the plaintiff that, once it received this fee, it would determine whether
the case can proceed without prepayment of the filing fee. Over three weeks
have passed since the deadline the court set, and the court has not received
this partial filing fee.
Before it dismisses this case for failure to pay the initial partial filing fee,
the court must determine whether the prisoner is at fault for the non-payment.
See Thomas v. Butts, 745 F.3d 309, 312-13 (7th Cir. 2014). The court notes
that when the plaintiff filed his complaint, he was in custody at the Marshall E.
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Sherrer Correctional Center in Hawkins, Wisconsin. Dkt. No. 1. On July 6,
2018, the court received from the plaintiff a notice that he had been released
from custody; he provided the court with his new address in Milwaukee. Dkt.
No. 8. The plaintiff dated the letter July 7, 2018; the Wisconsin Inmate Locator
indicates that the plaintiff was released on July 3, 2018. It is possible that, in
the process of being released from custody, the plaintiff misplaced the court’s
order regarding the initial partial filing fee, or forgot about the deadline.
The court will give the plaintiff additional time to either pay the initial
partial filing fee of $5.43 or explain to the court why he is unable to do so. If,
however, the court does not receive either the initial partial filing fee, or an
explanation of why the plaintiff can’t pay it, by the deadline the court sets
below, the court will dismiss the plaintiff’s case for failure to comply with the
court’s order.
The court also notes that the plaintiff has two cases pending in this
court—this one, and Case No. 18-cv-801. The plaintiff owes an initial partial
filing fee of $5.43 for each of these cases, for a total of $10.86. The law requires
plaintiffs to pay a separate filing fee for each complaint they file.
The court ORDERS that the plaintiff must either pay the initial partial
filing fee of $5.43, or file a written document explaining to the court why he
cannot do so, in time for the court to receive it by the end of the day on Friday,
August 3, 2018. The plaintiff may make the payment by bringing cash to the
clerk’s office at 517 East Wisconsin Avenue, Room 362, Milwaukee, Wisconsin
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between the hours of 8:30 a.m. and 4:30 p.m. He may pay by check, money
order or cashier’s check; the check should be made out to Clerk, U.S. District
Court. If he wants to mail the check, he should mail it to Clerk’s Office, 517
East Wisconsin Avenue, Room 362, Milwaukee, Wisconsin 53202. He may pay
by credit card over the telephone, by calling 414-297-3372 and asking for the
cashier. If the plaintiff mails the check, or mails the court a letter explaining
why he cannot pay the initial partial filing fee, he must mail the envelope in
time for the court to receive it by the end of the day on August 3, 2018.
If the court does not receive the money or the written document by the
deadline, the court will dismiss the case without prejudice based on the
plaintiff’s failure to pay the initial partial filing fee.
Dated in Milwaukee, Wisconsin this 20th day of July, 2017.
BY THE COURT:
________________________________________
HON. PAMELA PEPPER
United States District Judge

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