Thomas v. Fletcher et al
DECISION AND ORDER signed by Judge Brett H Ludwig on 1/7/22 DENYING 2 MOTION for Leave to Proceed Without Prepayment of the Filing Fee filed by Morningstar Thomas and DISMISSING CASE. (cc: all counsel and mailed to pro se party)(MP)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
Case No. 21-cv-1372-bhl
OFFICER FLETCHER, et al.,
DECISION AND ORDER
Plaintiff Morningstar Thomas was a prisoner confined at the Waukesha County Jail and
representing himself when he filed this 42 U.S.C. §1983 case. On December 1, 2021, along with
his complaint, Thomas filed a motion for leave to proceed without prepaying the filing fee. That
same day, the clerk’s office mailed Thomas a letter informing him that he had to return, within
twenty-one days, a certified copy of his complete trust account statement for the six months
preceding the filing of his complaint. Dkt. No. 4. The letter warned Thomas that, “Failure to
comply with this requirement may result in the Court’s dismissal of your case.” Id. (emphasis in
The deadline has passed, and the Court has not received a copy of Thomas’ trust account
statement, nor has Thomas informed the Court of any challenges preventing him from arranging
the submission of his trust account statement. Under 28 U.S.C. §1915(a)(2), a prisoner seeking to
proceed with a civil action without prepaying the filing fee must submit a certified copy of his
institution trust account statement. Because Thomas has failed to comply with this requirement,
Case 2:21-cv-01372-BHL Filed 01/07/22 Page 1 of 2 Document 5
the Court will deny his motion for leave to proceed without prepayment of the filling fee and will
dismiss this case without prejudice based on his failure to pay the filing fee.
IT IS THEREFORE ORDERED that Thomas’ motion for leave to proceed without
prepaying the filing fee (Dkt. No. 2) is DENIED and this case is DISMISSED without prejudice
based on Thomas’ failure to pay the filing fee.
IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. §1915(b)(1), Thomas must pay
the $350 statutory filing fee. According to the current list of inmates at the Waukesha County Jail,
available at https://www.waukeshacounty.gov/currentinmatelist/, Thomas is no longer an inmate
at the jail. Accordingly, he must pay the $350 filing fee over time as he is able by sending
payments to Office of the Clerk, United States District Court, Eastern District of Wisconsin, 362
United States Courthouse, 517 E. Wisconsin Avenue, Milwaukee, Wisconsin 53202.
Dated at Milwaukee, Wisconsin on January 7, 2022.
s/ Brett H. Ludwig
BRETT H. LUDWIG
United States District Judge
Case 2:21-cv-01372-BHL Filed 01/07/22 Page 2 of 2 Document 5
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?