Opinion
04-C-0015-C
March 15, 2004
ORDER
In an order dated February 2, 2004, I dismissed this group complaint without prejudice to petitioners' filing separate actions. Because I anticipated that some but perhaps not all of the petitioners would pursue separate actions, I purposely did not assess any petitioner an initial partial payment of a filing fee. It was this court's intention to wait to calculate initial partial payments until it was clear who was filing a separate lawsuit and who was not.
Petitioners moved pursuant to Fed.R.Civ.P. 59 for reconsideration of the February 2 order on February 11, 2004. Before I could rule on this motion, petitioner Souvannaseng Boriboune submitted a check for $10 and petitioners Anthony Stevens'El and Dondras House submitted checks for $5. These petitioners asked that their payments be designated as an initial partial payment of the fee for filing this case.
As petitioners now know, I denied their Rule 59 motion in an order dated March 8, 2004. Because this case was closed at the outset for administrative reasons, I did not require petitioners to pay a filing fee. Therefore, the question remains what to do with the money petitioners sent the court.
I conclude that the payments submitted by petitioners Boriboune and Stevens'El should be applied to fees these petitioners owe for complaints they filed earlier in this court. Petitioner Boriboune owes a total of $131.23 for filing his complaint and appeal in Boriboune v. Litscher, 03-C-50-C, and petitioner Stevens'El owes a total of $170.87 for filing his complaint and appeal in Stevens'El v. Berge, 03-C-181-S.
Petitioner House does not owe any fees in this court. Therefore, I will direct the clerk of court to return House's $5 check to him.
ORDER
IT IS ORDERED that the clerk of court apply petitioner Boriboune's $10 payment to the sum he owes in case no. 03-C-50-C and petitioner Stevens'El's $5 payment to the sum he owes in case no. 03-C-181-S.
Further, IT IS ORDERED that the clerk of court return to petitioner Dondras L. House the $5 check he submitted in this case. Petitioner House's address is P.O. Box 9900, Boscobel, Wisconsin, 53805.