Edwards v. THURMER et al

Filing 141

Order assessing initial partial appeal filing fee of $3.04 due by 2/24/2010. Signed by Chief Judge Barbara B. Crabb on 2/4/10. (elc),(ps)

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IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------TERRANCE EDWARDS, P la i n t i f f , v. JER EM Y STANIEC, JOE BEAHM, T RA V IS CAUL, JOHNATHAN HAWKINS, and ERIC KRUEGER. D efendan ts. --------------------------------------------Plaintiff is presently pursuing an appeal following trial and return of a jury verdict in favor of defendants. On September 17, 2009, this court entered an order denying plaintiff's r e q u est to proceed in forma pauperis on appeal because three strikes have been recorded again st him under 28 U.S.C. 1915(g) and the issues he intended to raise on appeal did not qu alify for the imminent danger exception to 1915(g). On November 16, 2009, I issued an order denying plaintiff's motion for reconsideration of the September 17, 2009 order. H ow ever, on February 2, 2010, the Court of Appeals for the Seventh Circuit ruled that this cou rt erred in certifying in the September order that plaintiff's appeal was filed in bad faith an d in denying plaintiff leave to proceed in forma pauperis on appeal. OR DER 0 8 - cv -3 5 2 - b b c 1 In fact, the reason I denied plaintiff denied leave to appeal was his three-strike status. It may be that the court of appeals disagreed with my determination that plaintiff had accum ulated three strikes and used the term bad faith as shorthand for a finding that it was erro r to deny plaintiff leave to proceed on any basis. In any event, the February 2, 2010 ord er instructs this court to assess an initial partial filing fee for the appeal. From the trust fund account statement plaintiff submitted with his notice of appeal, I find that plaintiff ow es $3.04 as an initial partial payment of the $455 filing fee. Plaintiff should show a copy of this order to institution officials to make sure they know they should send plaintiff's partial filing fee to this court. ORDER IT IS ORDERED that plaintiff may have until February 24, 2010, in which to submit a check or money order made payable to the clerk of court in the amount of $3.04. If, by Februa ry 24, 2010, plaintiff fails to pay the initial partial payment or explain his failure to d o so, then I will advise the court of appeals of his noncompliance in paying the assessment so that it may take whatever steps it deems appropriate with respect to this appeal. Further, the clerk of court is requested to insure that the court's financial records reflect plaintiff's obligation to pay the $3.04 initial partial payment and the remainder of the 2 $4 55 fee in monthly installments. Entered this 4t h day of February, 2010. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge 3

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