James v. Thurmer

Filing 26

MEMORANDUM re: payment received from Plaintiff Karl Julius James. Clerk of Court directed to apply $3.00 payment to plaintiff's filing fee. Signed by Chief Judge Barbara B Crabb on 2/17/2008. (arw),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------K AR L JULIUS JAMES, MEMORANDUM P e ti ti o n e r , 08-cv-568-bbc v. M IC H A EL THURMER, R espo nd ent. --------------------------------------------In an order dated November 6, 2008, I denied petitioner leave to proceed in forma p au peris on appeal in this case because he has struck out under 28 U.S.C. § 1915(g) and do es not qualify for the imminent danger exception to that statute. His appeal of that order is currently pending in the court of appeals. Now petitioner has submitted a check in the am ou nt of $3.00 and asks the clerk of court to use those funds to send copies of the notice of appeal to respondent and the clerk of the court of appeals pursuant to Fed. R. App. P. 3 (d ). Because this court utilized its electronic filing system to send copies of the notice of app eal to the Attorney General's Office and the court of appeals, it is not necessary to use petition er's funds to make hard copies. However, because petitioner continues to owe his $350 filing fee in this case, the clerk of court is directed to apply the $3.00 check to that

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filing fee. E n tered this 17t h day of February, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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