Thacker, Devon et al v. All sureties which indemnify Wis. against defendants' misconduct et al
Filing
4
ORDER denying plaintiff's 2 motion for use of release account funds to pay full $400 filing fee. Plaintiff to submit $400 filing fee or motion to proceed in forma pauperis along with Trust Fund Account Statement by 9/6/17. Signed by Magistrate Judge Peter A. Oppeneer on 8/16/2017. (nln),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DEVON THACKER,
Plaintiff,
ORDER
v.
Case No. 17-cv-624-wmc
ALL SURETIES WHICH INDEMNIFY
WIS. AGAINST DEFENDANTS’
MISCONDUCT, et al.,
Defendants.
Plaintiff Devon Thacker has submitted a proposed civil complaint, but has neither paid
the full $400 filing fee nor requested leave to proceed without prepayment. Instead, plaintiff
has submitted a motion to pay the full $400 filing fee from his release account funds. Dkt. 2.
Plaintiff’s motion will be denied.
There is no federal law permitting this court to require state officials to submit the entire
filing fee or other litigation costs by accessing a prisoner’s release account funds. It is only
when a prisoner’s general account has insufficient funds to pay an initial partial filing fee
payment that the Prisoner Litigation Reform Act (“PLRA”) permits this court to order an
institution to access a prisoner’s release account funds to satisfy that payment. See Carter v.
Bennett, 399 F. Supp. 2d 936, 936-37 (W.D. Wis. 2005).
Therefore, if plaintiff wishes to proceed with this lawsuit, he must either pay the $400
filing fee or submit a properly supported motion for leave to proceed without prepayment of
the filing fee no later than September 6, 2017.
A motion for leave to proceed without
prepayment of the filing fee must be accompanied by a certified copy of plaintiff’s inmate trust
fund account statement (or institutional equivalent) for the six-month period immediately
preceding the date of the complaint. 28 U.S.C. § 1915(a)(2). If I find that plaintiff is indigent,
I will calculate an initial partial payment amount that must be paid before the court can screen
the merits of the complaint under 28 U.S.C. § 1915(e)(2). Thereafter, plaintiff will be required
to pay the balance of the filing fee in installments.
ORDER
IT IS ORDERED that,
1.
Plaintiff Devon Thacker’s motion to use release account funds to pay the full
filing fee, dkt. 2, is DENIED.
2.
Plaintiff may have until September 6, 2017 to submit the $400 filing fee or a
motion for leave to proceed without prepayment and a trust fund account statement for the
period beginning approximately February 14, 2017 and ending approximately August 14,
2017.
3.
If, by September 6, 2017, plaintiff fails to respond to this order, I will assume
that plaintiff wishes to withdraw this action voluntarily. In that event, the case will be closed
without prejudice to plaintiff filing the case at a later date.
Entered this 16th day of August, 2017.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DEVON THACKER,
Plaintiff,
v.
Case No. 17-cv-624-wmc
ALL SURETIES WHICH INDEMNIFY WIS.
AGAINST DEFENDANTS’ MISCONDUCT,
et al.,
Defendants.
PRISONER REQUEST TO PROCEED IN DISTRICT COURT
WITHOUT PREPAYING THE FULL FILING FEE
Answer the following questions to the best of your ability.
Note: If you do not tell the truth, the court may dismiss your lawsuit.
I.
Personal Information
1)
Your name: ___________________________________________________________
(a)
State the place of your incarceration and provide your prisoner identification
number:
_______________________________________
(place)
_____________________________
(number)
(b)
Are you employed at the institution?
□Yes
□ No
(c)
Do you receive any payment from the institution?
□Yes
□ No
Attach a printout of your prison trust account statement showing transactions for the sixmonth period immediately preceding the filing of this request and showing the current
balance of your account.
2)
Do you have any dependents that you are responsible for supporting?
□ Yes
□ No
If “yes,” list them below.
Name or initials (for
minor children only)
Relationship to You
Age
Amount of Support
Provided per Month
________________________
_________________
________
$____________
________________________
_________________
________
$____________
________________________
_________________
________
$____________
II.
Property or Assets: - If you are married, your answers must include your spouse's
property.
1)
Do you own a car?
□ Yes
□ No
If “yes,” list the car(s) below:
Make and Model
Year
Approximate Current
Value
_______________________________________________ __________
$________________
_______________________________________________ __________
$________________
2)
Do you own your home(s)?
□ Yes
If “Yes,” state the approximate value(s).
□ No
$ ____________________
What is the amount of equity (assessed value of residence minus outstanding
mortgage balance) in the home(s)? $ ____________________
3)
Do you have any cash or checking, savings, or other similar accounts?
□ Yes
□ No
If “Yes,” state the total of such sums.
4)
$ ____________________
Do you own any other property of value, such as real estate, stocks, bonds, trusts, or
individual retirement accounts (e.g., IRA, 401 k), artwork, or jewelry?
□ Yes
□ No
If “Yes,” describe the property and the approximate value(s).
______________________________________________________________________
______________________________________________________________________
III.
Litigation History
For each federal lawsuit that you recall having filed, list as much of the following
information that you remember about each case: The name of the case (that is, the plaintiffs and
the defendants), the case number or year of filing, and the federal district in which you filed the
case. Use more paper if needed.
Case Name
(Plaintiffs and defendants)
Case number
(or year of filing)
Federal district
________________________
____________________
_______________________
________________________
____________________
_______________________
________________________
____________________
_______________________
________________________
____________________
_______________________
IV.
Other Circumstances - Describe any other financial circumstance(s) that you would
like the court to consider when reviewing this petition.
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
I, ____________________, declare that I am the plaintiff bringing this complaint. I declare that
I am unable to prepay the full filing fee and that I am entitled to the relief sought in the
complaint.
___________________________
Date
_________________________________________
Signature - Signed Under Penalty of Perjury
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