Henderson, Titus v. Elsinger, James et al
ORDER granting plaintiff's motion to waive the initial partial filing fee. Complaint taken under advisement for screening. Plaintiff's motion for sanctions is denied as moot. Signed by Magistrate Judge Peter A. Oppeneer on 1/10/2022. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JAMES ELSINGER, et al.
Case No. 21-cv-562-jdp
Case No. 20-cv-598-jdp
DYLAN RADTKE, et al.
On December 15, 2021, I entered orders directing plaintiff Titus Henderson submit
$1.11 as initial partial payments of the $350.00 fees for filing these cases. Now plaintiff has
filed a motion to waive the initial partial filing fee payments. With his motion, plaintiff has
provided an information/information request that contains a response written by the business
office which says, “Insufficient Funds.” It appears that plaintiff presently has no means with
which to pay the filing fees or to make the initial partial payments. Under these circumstances,
the court will grant plaintiff’s motion for leave to proceed without prepayment of the filing fees
but will not assess an initial partial filing fees. Even if this court ultimately determines that
plaintiff’s complaints cannot go forward, plaintiff is advised that the full $350 filing fee for
each case for remains plaintiff’s obligation. See 28 U.S.C. § 1915(b)(2).
Because plaintiff is an inmate, plaintiff is subject to the Prison Litigation Reform Act,
which requires the court to screen the complaints 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.
IT IS ORDERED that,
Plaintiff Titus Henderson’s motion to waive the initial partial filing fees in these
cases is GRANTED.
Plaintiff’s motion for sanctions for failure to comply with in forma pauperis filing
fees is DENIED as moot.
No further action will be taken in these cases until the court has screened the
complaints as required by the Prison Litigation Reform Act, 28 U.S.C. §
1915(e)(2). Once the screening process is complete, separate orders will issue.
Entered this 10th day of January, 2022.
BY THE COURT:
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