SCHUENKE, LLOYD T. v. WISCONSIN DEPT OF CORRECTIONS

Filing 10

ORDER that plaintiff Lloyd Schuenke's motion to suspend his monthly payments of the unpaid balance of his filing fees is DENIED. Signed by District Judge Barbara B. Crabb on 7/18/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - LLOYD T. SCHUENKE,
ORDER
Plaintiff,
98-cv-95-bbc1

v.
WISCONSIN DEPT. OF CORRECTIONS,
Defendant.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - LLOYD T. SCHUENKE,
ORDER
Plaintiff,
v.

13-cv-217-bbc

WISCONSIN DEPT. OF CORRECTIONS, et al,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Plaintiff has submitted a letter request to stop the collection of his filing fees in these
two closed cases so that he can have money to use while in custody. Under the Prison
Litigation Reform Act, an inmate who files a lawsuit in federal court under the in forma
pauperis statute must pay the statutory filing fee, first by making an initial partial payment
and then by sending the remainder of the fee to the court in installments of 20% of the
preceding month’s income in accordance with 28 U.S.C. § 1915(b)(2). If the prisoner then

1

Plaintiff refers to case no. 97-cv-95-bbc in his letter, but he has no case with this
case number. Instead, plaintiff may be referring to case no. 98-cv-95-bbc.

1

files additional complaints or appeals, the amount owed increases as well.

Newlin v.

Helman, 123 F.3d 429, 436 (7th Cir. 1997), rev'd on other grounds by Lee v. Clinton, 209
F.3d 1025 (7th Cir. 2000) and Walker v. O'Brien, 216 F.3d 626 (7th Cir. 2000).
In his letter, plaintiff requests an order that will allow him to stop paying the rest of
the required fees in these cases while he is incarcerated and resume payment after he is
released to extended supervision. Although I empathize with plaintiff’s desire to have money
to use while in custody, this court is bound by the provisions of the Prison Litigation Reform
Act. I have no discretion to modify the method in which the fees for filing these cases are
collected. Therefore, I must deny plaintiff’s motion to suspend his monthly payments.

ORDER
IT IS ORDERED that plaintiff Lloyd Schuenke’s motion to suspend his monthly
payments of the unpaid balance of his filing fees is DENIED.
Entered this 18th day of July, 2014.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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