Sanders v. Supervisor Tammy et al

Filing 9

ORDER signed by Magistrate Judge William E Duffin on 10/27/2020. On or before November 16, 2020, Sanders must either pay the initial partial filing fee of $10.66 or provide the court with information about why he is unable to do so. If Sander s fails to do either by that date, the court will dismiss this case without prejudice and without further notice to him. If the court dismisses the case, Sanders may refile his complaint at a later date, subject to the relevant statute of limitations. (cc: all counsel, plaintiff)(mlm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
NOAH M. SANDERS,
Plaintiff,
v.

Case No. 20-CV-925

SUPERVISOR TAMMY, et al.,
Defendants.
ORDER
Plaintiff Noah M. Sanders is representing himself. He filed a complaint along
with a motion to proceed without prepaying the filing fee. (ECF Nos. 1, 2.) Because
Sanders was incarcerated when he filed his complaint, the Prison Litigation Reform
Act (PLRA) applies. Under the PLRA, a plaintiff may proceed without prepaying the
full filing fee, but he must pay an initial partial filing fee when funds exist. 28 U.S.C.
§ 1915(a)(2).
On July 17, 2020, the court ordered Sanders to forward to the clerk’s office an
initial partial filing fee of $10.66 by August 10, 2020. (ECF No. 7.) According to court
records, Sanders has not paid the fee.
The court understands that Sanders has been in segregation (see ECF No. 8)
and that the COVID-19 pandemic has interfered with the day-to-day operations of
Sanders’s institution. Even so, Sanders still must keep the court informed about his
ability to pay the initial partial filing fee. The court will give Sanders another chance

Case 2:20-cv-00925-WED Filed 10/27/20 Page 1 of 2 Document 9

to pay the fee. However, if he does not do so by the new deadline or explain why he is
unable to do so, the court will conclude that he no longer wishes to pursue this case
and dismiss it based on Sanders’s failure to pay the filing fee.
IT IS ORDERED that, on or before November 16, 2020, Sanders must either
pay the initial partial filing fee of $10.66 or provide the court with information about
why he is unable to do so. If Sanders fails to do either by that date, the court will
dismiss this case without prejudice and without further notice to him. If the court
dismisses the case, Sanders may refile his complaint at a later date, subject to the
relevant statute of limitations.
Dated at Milwaukee, Wisconsin this 27th day of October, 2020.

WILLIAM E. DUFFIN
U.S. Magistrate Judge

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