Morris, Michael v. Dept. of Corrections et al

Filing 15

ORDER that plaintiff Michael Morris's motions to waive the $1.88 initial partial filing are GRANTED. Complaint taken under advisement for screening pursuant to 28U.S.C. § 1915A. Signed by Magistrate Judge Peter A. Oppeneer on 8/4/2017. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
MICHAEL MORRIS,
Plaintiff,
v.

ORDER
Case No. 17-cv-522-wmc

DEPT. OF CORRECTIONS, et al.,
Defendants.
MICHAEL MORRIS,
Plaintiff,
v.

ORDER
Case No. 17-cv-541-wmc

DEPARTMENT OF CORRECTIONS,
Defendants.
On July 24, 2017 I entered an order in each of the above cases assessing plaintiff
Michael Morris, an initial partial payment of $1.88 for each case due by August 16, 2017.
Now plaintiff has submitted a motion to waive the initial partial fee for each case, in which
plaintiff states that he currently does not have funds available to submit the $1.88 initial
partial. (Dkt. 12 in case no. 17-cv-522; dkts. 9 and 12 in case no. 17-cv-541.) After reevaluating the trust account statement plaintiff provided, it appears that plaintiff presently has
no means with which to pay the filing fee or to make an initial partial payment for either case.
Under these circumstances, I will waive the $1.88 initial partial filing fee assessed in each case.
However, even if this court ultimately determines that plaintiff’s complaint cannot go forward,
plaintiff is advised that the $350 filing fee for each case remains plaintiff’s obligation. See 28
U.S.C. § 1915A.

As indicated in the July 24 order, because plaintiff is a prisoner, plaintiff is subject to
the Prison Litigation Reform Act, which requires the court to screen the complaint in each of
these cases to determine whether any portion is frivolous or malicious, fails to state a claim on
which relief may be granted or seeks monetary relief from a defendant who is immune from
such relief.

ORDER
IT IS ORDERED that,
1.

Plaintiff Michael Morris’s motions to waive the initial partial filing fee in case
nos. 17-cv-522 and 17-cv-541 are GRANTED.

2.

No further action will be taken in these cases until the court has screened the
complaint in each case as required by the Prisoner Litigation Reform Act, 28
U.S.C. § 1915A. Once the screening process is complete, a separate order will
issue.

Entered this 4th day of August, 2017.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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