Marker, Jonah et al v. Chause et al

Filing 35

ORDER that plaintiff's motion to dismiss Case No. 24-cv-213-jdp is GRANTED. The remainder of plaintiff's filing fee for the '213 case is WAIVED. The clerk of court is directed to notify plaintiff's prison of the waiver of the remainder of his filing fee in the '213 case. Signed by District Judge James D. Peterson on 4/25/2024. (lam),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

JONAH MICHAEL MARKER,
Plaintiff,
v.

ORDER
17-cv-467-jdp

SGT. CHAUSE,
Defendant.

JONAH MICHAEL MARKER,
Plaintiff,
v.

ORDER
24-cv-213-jdp

SGT. CHAUSE,
Defendant.

In June 2017, plaintiff Jonah Michael Marker submitted a complaint about a prison
sergeant harassing him during a pat-down search. That case (No. 17-cv-467) was dismissed in
2018 under the fugitive disentitlement doctrine. In March 2024 I denied Marker’s motion to
reopen the case, stating that “[n]othing in [his] filing comes close to showing that [he] meets
the high standard for undoing a judgment issued more than five years ago.” Dkt. 30.1 Marker
followed by filing a complaint form stating that he wished to reopen his old complaint; the new
case was assigned Case No. 24-cv-213-jdp.
It is unclear whether Marker’s new complaint crossed in the mail with my ruling on his
motion to reopen his old case, or whether Marker had a change of heart about bringing a second

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All citations are to Case No. 17-cv-467-jdp.

case. But after receiving a copy of the court’s notice to deduct monthly partial payments of the
filing fee for his new case from his prison trust fund account, he filed a motion in both cases
stating, “If I can’t re-open my 2017 original claim I don’t want to open another one. . . . So
therefore I’d like to stop payment and vacate the above claim.” Dkt. 34.
I will grant Marker’s motion and dismiss Case No. 24-cv-213-jdp. I will waive the
remainder of the filing fee in that case and I will direct the clerk of court to notify his prison
of that waiver. The court will not refund the $4.00 initial partial payment that he has already
made in that case.

ORDER
IT IS ORDERED that:
1. Plaintiff’s motion to dismiss Case No. 24-cv-213-jdp is GRANTED.
2. The remainder of plaintiff’s filing fee for the ’213 case is WAIVED.
3. The clerk of court is directed to notify plaintiff’s prison of the waiver of the
remainder of his filing fee in the ’213 case.
Entered April 25, 2024.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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