Van Brunt v. State of Wisconsin et al

Filing 16

ORDER granting 15 Motion to pay $455 filing fee in installments. Signed by District Judge Barbara B. Crabb on 6/18/2010. (eds),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------PH IL VAN BRUNT, ORDER P l a i n t i ff , 0 9 - cv -6 4 4 - b b c v. S T A T E OF WISCONSIN and U N IT E D STATES OF AMERICA, D efendan t. --------------------------------------------O n October 29, 2009, I dismissed plaintiff Phil Van Brunt's case because the allegations of his complaint were legally frivolous. On November 5, 2009, I denied him lea ve to proceed on appeal in forma pauperis. Plaintiff appealed, and the court of appeals n o t only affirmed this court's ruling on his request for leave to proceed in forma pauperis on appeal, but it also summarily affirmed the court's October 29 final order. In addition, the co urt of appeals sanctioned plaintiff under Support Systems International, Inc. v. Mack, 45 F.3 d 185, 186 (7th Cir. 1995). The court sanctioned plaintiff $500 and ordered that all courts in the Seventh Circuit must return unfiled any papers submitted by plaintiff until he pays that amount. N o w plaintiff has submitted a motion seeking the court's permission to pay off his

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$455 appellate filing fee in installments. (This submission has been docketed despite the M ack order against plaintiff because it relates to his plan to pay off his debts to the court.) N orm ally, the court of appeals will not consider the substance of a party's appeal unless that party pays the full filing fee or is granted leave to proceed in forma pauperis. However, b ecau se the court of appeals has already considered plaintiff's appeal, his motion is moot insofar as he seeks to pay the fee in order to have his case heard. Nonetheless, because he o w e s this court the $455 appellate filing fee (as well as the $350 filing fee for the underlying case in this court), he is free to make those payments in installments. Accordingly, IT IS O R D ER ED that plaintiff's motion to pay the $455 appellate filing fee in this case in installm ents, dkt. #15, is GRANTED. E n tered this 18th day of June, 2010. B Y THE COURT: /s/ B AR B AR A B. CRABB D istrict Judge

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