Bowie v. Gates

District Court, E.D. Wisconsin

Bowie v. Gates

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN ______________________________________________________________________________ GREGORY L. BOWIE,

Plaintiff, v. Case No. 20-cv-1108-pp

AGENT GATES, JUSTIN KOEPNICK, AND KRISTI WILCOX,

Defendants. ______________________________________________________________________________

ORDER GRANTING PLAINTIFF’S MOTION FOR EXTENSION OF TIME TO PAY INITIAL PARTIAL FILING FEE (DKT. NO. 7) AND DENYING PLAINTIFF’S MOTION TO PROCEED WITH SCREENING (DKT. NO. 7) ______________________________________________________________________________

The plaintiff is a prisoner representing himself. On August 4, 2020, the court ordered the plaintiff to submit an initial partial filing fee of $58.00 to the Clerk of Court by August 25, 2020. Dkt. No. 6 at 3. The plaintiff has filed a letter requesting a sixty-day extension of time to pay the initial partial filing fee. Dkt. No. 7. The court will grant this request. The plaintiff also requests the court to proceed with screening the complaint because, he alleges, the defendants’ illegal conduct “has occurred and is ongoing.” Id. at 1, 2. The Prison Litigation Reform Act’s statutory formula (

28 U.S.C. §§1915

(b)(1), (b)(4)), however, requires prisoners to pay the initial partial filing fee before the court will consider the merits of the case. See Newlin v. Helman,

123 F.3d 429, 435

(7th Cir. 1997), overruled on other grounds by Lee v. Clinton,

209 F.3d 1025

(7th Cir. 2000), and Walker v. O'Brien,

216 F.3d 626

(7th Cir. 2000). The court will deny the plaintiffs request to screen the complaint before he pays the initial partial filing fee. If the plaintiff does not pay the initial partial filing fee, or file a written document explaining why he can’t pay the fee, by the date at the end of this order, he will be held to have withdrawn this case voluntarily, and the case will be closed without prejudice. The court GRANTS the plaintiff's motion for extension of time to pay initial partial filing fee. Dkt. No. 7. On or before October 26, 2020, the plaintiff must forward to the Clerk of Court the sum of $58.00 as an initial partial filing fee. The court DENIES the plaintiff's motion to proceed with screening. Dkt. No. 7. Dated at Milwaukee, Wisconsin this 24th day of August, 2020. BY THE COURT:

Chief United States District Judge

Reference

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