Jenkins, Donta v. Miller, Captain et al

Filing 72

ORDER that plaintiff Donta Jenkins has no means to pay the $14.45 initial partial appeal filing fee. However, Jenkins remains responsible for paying the$505 appeal filing fee. Signed by Magistrate Judge Peter A. Oppeneer on 1/31/2019. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DONTA JENKINS,
Plaintiff,

ORDER

v.
JASEN MILLER, JAMIE GOHDE, LUCAS WEBER,
MICHAEL DITTMAN, SHAWN TOBIE,
ANDREW JEZUIT, RONALD SWENSON,
LINDSAY WALKER and CHRISTOPHER BORTZ,

Appeal No. 19-1119
Case No. 17-cv-25-bbc

Defendants.

On January 18, 2019, the court entered an order allowing plaintiff Donta Jenkins leave
to proceed in forma pauperis on appeal and assessing plaintiff initial partial payments of $14.45
for appeal no. 19-1119. Dkt. #70. On January 24, Jenkins filed a declaration that he is unable
to pay the $14.45 initial partial payment assessed to him for filing the appeal. In support of
his declaration, Jenkins also submitted a trust fund account statement covering from July 23,
2018 through January 23, 2019. Dkt. #71-1. Jenkins indicates in his declaration that he
currently has no funds in either his regular or release account to pay the $14.45 initial partial
payment for filing this appeal.
After considering Jenkins declaration and updated trust fund account statement, it
appears that Jenkins presently has no means with which to pay the appeal filing fee or to make
the $14.45 initial partial appeal payment. Under these circumstances, Jenkins is not required
to make an initial partial payment. 28 U.S.C. § 1915(b)(4). See also Sultan v. Fenoglio, 775 F.3d
888, 890 (7th Cir. 2015) (concluding that prisoner had no means to pay initial partial payment
when prisoner administrators failed to comply with prisoner’s request to forward payment to
the court). But Jenkins is advised that the full $505 appeal filing fee remains his obligation.

ORDER
IT IS ORDERED that I find that plaintiff Donta Jenkins has no means to pay the
$14.45 initial partial appeal filing fee. However, Jenkins remains responsible for paying the
$505 appeal filing fee.

Entered this 31st day of January, 2019.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

2