Crowley v. Grams

Filing 8

ORDER signed by Judge Rudolph T Randa on 12/14/2010 denying 7 Motion for Order to pay the filing fee from his release account. Failure to pay the $5 filing fee by 01/14/2011 will result in this petition being dismissed. (cc: all counsel; via US mail to Timothy Crowley) (Koll, J)

C r o w l e y v. Grams

Doc. 8

UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF WISCONSIN

T IM O T H Y CROWLEY, P l a in tif f , C a s e No. 10-C-1052 -vsG R E G O R Y GRAMS, Defendant.

D E C IS IO N AND ORDER

O n November 24, 2010, Magistrate Judge Goodstein ordered Timothy Crowley to pay th e $5 filing fee for this habeas action on or before December 27, 2010. The case was then re a ss ig n e d to the undersigned when Crowley refused jurisdiction before Judge Goodstein. C ro w ley now requests permission to pay the filing fee out of his release account. P ris o n e rs in Wisconsin have two types of accounts: a general account (or a trust a c c o u n t) and a release account. Prisons generally restrict access to the release account until a prisoner is released from prison. Smith v. Huibregtse, 151 F. Supp. 2d 1040 , 1041 (E.D. W is . 2001). Federal courts can order prison officials to access funds in a release account, but th e authority to do so is premised in the Supremacy Clause by virtue of the Prison Litigation R e f o rm Act ("PLRA"). Id. at 1042 (citing Spence v. McCaughtry, 46 F. Supp. 2d 861, 862 (E .D . Wis. 1999)). Crowley's habeas action is not subject to the PLRA. Walker v. O'Brien, 2 1 6 F.3d 626, 634 (7th Cir. 2000); Moran v. Sondalle, 218 F.3d 647, 650 (7th Cir. 2000).

Dockets.Justia.com

I T IS HEREBY ORDERED THAT Crowley's motion to pay the filing fee from his r e le a s e account [D. 7] is DENIED. Upon receipt of the filing fee, the Court will screen the p e titio n in accordance with Rule 4 of the Rules Governing Section 2254 Cases. Failure to p a y the $5 filing fee by January 14, 2011 will result in this petition being dismissed. Dated at Milwaukee, Wisconsin, this 14th day of December, 2010. S O ORDERED,

s / Rudolph T. Randa HON. RUDOLPH T. RANDA U.S. District Judge

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