Lonas, Dessie v. Oshkosh Corrections Inst. et al

Filing 44

ORDER denying plaintiff's request to modify collection of the filing fees or to use release account funds (32 in 3:16-cv-00780-jdp, 40 in 3:16-cv-00752-jdp). Signed by Magistrate Judge Peter A. Oppeneer on 3/29/2017. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DESSIE RUSSELL LONAS,
Plaintiff,

ORDER

v.
Case No. 16-cv-752-jdp
MS. FOSTER. et al.,
Defendants.

DESSIE RUSSELL LONAS,
Plaintiff,

ORDER

v.
Case No. 16-cv-780-jdp
JUDGE GREISBACH. et al.,
Defendants.

After plaintiff filed these cases, this court entered orders assessing plaintiff initial
partial payments of the filing fee for each case, which plaintiff has paid. Plaintiff has been
making monthly installment payments since then. Now, plaintiff has submitted a motion for
an order directing prison officials to combine the collection of the filing fees for these cases
into a single 20% installment per month or to pay the remaining balance for the 16-cv-780
case from his release account.
Under the Prison Litigation Reform Act, an inmate who files lawsuits in federal court
under the in forma pauperis statute must pay the $350 filing fee(s), first by making an initial
partial payment and then by sending the remainder of the fee(s) to the court in installments
of 20% of the preceding month’s income for each case, in accordance with 28 U.S.C. §
1915(b)(2). This court is bound by the provisions of the Prison Litigation Reform Act and
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has no discretion to modify this method or to exempt any part of plaintiff’s income from
withholding. Accordingly, his motion will be denied.

ORDER
IT IS ORDERED that plaintiff Dessie Russell Lonas’s motion for an order directing
prison officials to combine the 20% monthly installment collection of the filing fees for each
of these cases or to collect the remaining balance for the 16-cv-780 case from his release
account is DENIED.

Entered this 29th day of March, 2017.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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