Lynch, William v. Nimocks, Jennifer

Filing 6

ORDER denying #5 Motion to Waive Initial Partial Filing Fee. Initial partial filing fee due 10/7/2022. Signed by Magistrate Judge Stephen L. Crocker on 9/15/2022. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
WILLIAM LEE LYNCH,
Plaintiff,
v.
JENNIFER A. NIMOCKS,

ORDER
Case No. 22-cv-430-wmc

Defendant.

On August 8, 2022, I entered an order assessing plaintiff William Lee Lynch an initial
partial payment of $5.18 in the above case. Now plaintiff filed a letter stating that he cannot
pay the initial partial filing fee, which I will construe as a motion to waive the initial partial
filing fee.
In 28 U.S.C. § 1915, Congress has dictated the manner in which prisoners must pay
the fees for filing federal lawsuits and appeals, and I have no discretion to modify this method.
In calculating the amount of plaintiff’s initial partial payment in this case, I used the trust fund
account statement plaintiff submitted on August 8, 2022, in support of plaintiff’s motion for
leave to proceed without prepaying the fee. Dkt. 3. That inmate account statement shows that
plaintiff has had deposits made to his account, which I was able to calculate plaintiff’s average
monthly deposits to be $5.18. Because plaintiff receives regular deposits in his account, I will
deny without prejudice plaintiff’s motion to waive the initial partial filing fee and give plaintiff
an extension of time until October 7, 2022, to submit the $5.18 initial partial payment. If by
October 7, plaintiff is still unable to pay the $5.18 initial partial payment, plaintiff should
submit an updated trust fund account statement or other documentation that shows how his
financial situation has changed.

ORDER
IT IS ORDERED that:
1.

Plaintiff William Lee Lynch’s motion to waive the initial partial payment in the above

case, dkt. 5, is DENIED without prejudice.
2.

Plaintiff may have an enlargement of time to October 7, 2022, in which to submit a

check or money order payable to the clerk of court in the amount of $5.18 or to submit an
updated inmate account statement. If plaintiff does not have enough money in his regular
account to pay the $5.18 initial partial payment, plaintiff may use funds from his release
account to pay the $5.18 initial partial payment.
3.

If, by October 7, 2022, plaintiff fails to make the $5.18 initial partial, or to show cause

for his failure to do so, plaintiff will be held to have withdrawn the action voluntarily and the
case will be closed without prejudice to plaintiff’s filing this case at a later date.
Entered this 15th day of September, 2022.
BY THE COURT:

/s/
STEPHEN L. CROCKER
Magistrate Judge

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