United States District Court, E.D. Wisconsin
ORDER REQUIRING PLAINTIFF TO PAY PARTIAL FILING FEE
IN A FORM ACCEPTABLE TO THE COURT BY THE END OF THE DAY ON
MARCH 23, 2018
PAMELA PEPPER UNITED STATES DISTRICT JUDGE
January 29, 2018, the court issued an order requiring, among
other things, that the plaintiff pay a partial filing fee of
$200 by the end of the day on March 23, 2018. Dkt. No. 52.
February 12, 2018, the court received from the plaintiff a
document entitled amended complaint. Dkt. No 56. With this
document, the plaintiff sent an undated letter, addressed to
Judge Pepper. Dkt. No. 56-2. The letter contained a series of
statements about Federal Reserve notes and mortgages and
negotiable instruments and currency and full faith and
credit. At the end of this string of statements, the
plaintiff stated that he “would like to tender the
below payment instrument to the court to cover fees &
charges as may be due, which the court may monetize through
those channels it may have access to, without creating
further obligations by or to the United States of America or
injury to [himself].” Id.
same sheet of paper, under the text of the letter and the
plaintiff's typed name, there appears a rectangle. At the
top of the rectangle, the words “MONEY ORDER”
appear, and to the right of those words is a twelve-digit
number. The information inside the rectangle is laid out the
way one might expect a check or money order to be laid
out-there is a field for the date (in which the plaintiff
wrote “Feb. 10, 2018, ” a field for the payee
(whom he listed as the clerk of court), a field for the
amount (both in words and in numerals- the plaintiff put
“Two-hundred dollars and zero cents” and
“$200.00” in these fields, respectively), a memo
field and a signature line. Id. At the bottom of the
rectangle appear the initials “EIN/SSN, ” and to
the right of those initials, a black rectangle which looks as
if it was used to redact information. Id.
document does not constitute a form of payment acceptable by
the office of the clerk of court for the Eastern District of
Wisconsin. The clerk's office lists on the court web site
the forms of payment it accepts: cash; personal and business
checks, money orders, cashier's checks; credit cards;
bank account ACH transfers; and Fedwire Wire transfers.
order for the clerk's office to accept checks, money
orders or cashier's checks, they must be drawn on bank
accounts holding funds; the clerk's office charges a fee
of $53 for returned or NSF checks.
plaintiff wishes to use the court system to pursue his
claims, then he must pay the required filing fee in a form
accepted by the court in order to proceed. The court's
February 12, 2018 order gave the plaintiff a deadline of
March 23, 2018 by which to pay the $200 partial filing fee.
If the clerk's office does not receive a filing fee of
$200 in legal tender-U.S. dollars, or a check or money order
drawn on a valid bank account-by the end of the day on March
23, 2018, the court will dismiss the plaintiff's case for
failure to pay the required filing fee.
event that the plaintiff does pay the filing fee in a form
the court can accept, the court notes some other issues.
First, the amended complaint that the court received from the
plaintiff on February 12, 2018 is not signed. Federal Rule of
Civil Procedure 11(a) requires that “[e]very pleading,
written motion, or other paper must be signed by at least one
attorney of record in the attorney's name-or by a party
personally if the party is unrepresented.” The rule
also requires the signer to include his address, e-mail
address and telephone number. The rule states, “The
court must strike an unsigned paper unless the omission is
promptly corrected after being called to the attorney's
or party's attention.” Even if the court receives
the filing fee in a form which the court can accept, the
court still may strike the plaintiff's amended complaint
if he does not file a signed version, containing his address,
email address and telephone number.
in its February 12, 2018 order, the court instructed the
plaintiff to submit the amended complaint on the court's
form. Dkt. No. 52 at 10. The court even sent the plaintiff a
blank copy of the form, and gave him instructions on how to
complete that form. The plaintiff ignored both the form and
the court's instructions, instead filing twenty-one
typewritten pages of his own creation. Dkt. No. 56.
the February 12, 2018 order told the plaintiff that the court
could not figure out what federal laws the plaintiff thought
the defendants had violated. It instructed the plaintiff to
tell the court, in the amended complaint, what laws or
constitutional provisions he believed the defendant had
violated. In the (unsigned) amended complaint, the plaintiff
does list four statutes. He starts with 18 U.S.C. §1005.
Id. at 2. That is a criminal statute. Only
the government-specifically, the Department of Justice-can
bring criminal charges. There is no private right of action
under 18 U.S.C. §1005. The same is true for several
other statutes the plaintiff cites: 18 U.S.C. §§42,
371, 1341, 1346, 1349 and 1961. The court has not reviewed,
or “screened, ” the other, non-criminal causes of
action the plaintiff has alleged. It will do so after it
receives the filing fee from the plaintiff, and after it
receives an amended complaint that complies with Fed.R.Civ.P.
court ORDERS that, in time for the court to
receive it by the end of the day on March 23,
2018, the plaintiff shall pay the $200 partial
filing fee, in a form that the clerk's office accepts.
The court ORDERS that if the plaintiff does
not pay the $200 filing fee by the end of the day on March
23, 2018 in a form the ...