GATES, SAMMY J. v. RILEY, TODD

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
SAMMY J. GATES,
Plaintiff, 	ORDER
v. 	00-cv-129-jcs
00-cv-487-jcs
PETER HUIBREGTSE et al., 	02-cv-163-jcs
03-cv-053-jcs
Defendants.
Sammy J. Gates was an individual plaintiff in four cases in this district: 00-cv-129, 00-cv-487,
02-cv-163, and 03-cv-53. These cases were closed more than 20 years ago. Gates has filed a motion
in each case to expunge balances of federal court filing fees that followed him back into prison when
he was reincarcerated at Wisconsin Secure Program Facility. According to Gates, WSPF is illegally
implementing the in forma pauperis statute, 28 U.S.C. § 1915(b)(2), and his account has been illegally
frozen on this court's orders.
Gates' motions will be DENIED. The balances in question are the unpaid balances of filing
fees for the cases referenced above. Gates says the balances were not there when he was out of prison,
and then suddenly, upon his return, there they were. In fact, the balances were always there. They
never expired. The in forma pauperis statute makes no exception for old cases. Instead, it simply says,
"if a prisoner brings a civil action or files an appeal in forma pauperis, the prisoner shall be required
to pay the full amount of a filing fee." 28 U.S.C. 1915(b)(1). The Seventh Circuit has also addressed
this question, and they, too, have clearly stated that a prisoner must pay the full amount of any fees:
"Section 1915(b)(1) says that prisoners are liable for the full fees, but so is every other person who
proceeds in forma pauperis; all § 1915(a) does for any litigant is excuse the pre-payment of fees."
Robbins v. Switzer, 104 F.3d 895, 898 (7th Cir. 1997). "Unsuccessful litigants are liable for fees and
Case: 3:02-cv-00163-jcs Document #: 40 Filed: 04/01/26 Page 1 of 2

costs and must pay when they are able." Id. "Under the [Prison Litigation Reform] Act, release does
not eliminate an obligation that could and should have been met from the trust account while
imprisonment continued." Id. at 899.
ORDER
IT IS ORDERED that Sammy J. Gates' motions to expunge outstanding balances of federal
court filing fees in Case Nos. 00-cv-129, 00-cv-487, 02-cv-163, and 03-cv-53 are DENIED.
Entered this 1st day of April, 2026.
BY THE COURT:
s/
ANDREW WISEMAN
Magistrate Judge
Case: 3:02-cv-00163-jcs Document #: 40 Filed: 04/01/26 Page 2 of 2