Braithwaite v. Mutiva et al

Filing 17

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,
Plaintiff,
v.

Case No. 21-cv-465-pp

SGT. MUTIVA, et al.,
Defendants.
______________________________________________________________________________
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
filing fee.
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.
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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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