Braithwaite v. Mutiva et al
ORDER signed by Chief Judge Pamela Pepper on 7/15/2021. Agency having custody of plaintiff to collect $342.69 balance of filing fee from plaintiff's prison trust account under 28 USC §1915(b)(2). (cc: all counsel and mailed to Joshua Braithwaite and Warden at Wisconsin Secure Program Facility)(cb)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
JOSHUA P. BRAITHWAITE,
Case No. 21-cv-465-pp
SGT. MUTIVA, et al.,
ORDER COLLECTING FILING FEE
On April 13, 2021, plaintiff Joshua Braithwaite, who is confined at the
Wisconsin Secure Program Facility, filed a civil rights case. Dkt. No. 1. The
court assessed an initial partial filing fee of $7.31, dkt. no. 5, and the court
received that fee on May 4, 2021. On June 8, 2021, the plaintiff filed a notice of
voluntary dismissal. Dkt. No. 16. See Fed. R. Civ. P. 41(a)(1)(A)(i). The law
requires any prisoner who files a civil lawsuit to pay the statutory filing fee. 28
U.S.C. §1915(b)(1). The court will collect the remainder of the $350 statutory
The court ORDERS that the agency that has custody of the plaintiff must
collect from his institution trust account the $342.69 balance of the filing fee
by collecting monthly payments from the plaintiff’s prison trust account in an
amount equal to 20% of the preceding month’s income credited to the plaintiff’s
trust account and forwarding payments to the clerk of court each time the
amount in the account exceeds $10 in accordance with 28 U.S.C. §1915(b)(2).
The agency must clearly identify the payments by the case name and number.
If the plaintiff transfers to another county, state or federal institution, the
transferring institution must forward a copy of this order, along with the
plaintiff's remaining balance, to the receiving institution.
The court will send a copy of this order to Warden at the Wisconsin
Secure Program Facility.
Dated in Milwaukee, Wisconsin this 15th day of July, 2021.
BY THE COURT:
HON. PAMELA PEPPER
Chief United States District Judge
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