Robinson v. Douma et al

Filing 5

ORDER signed by Judge Lynn Adelman on 5/2/13 granting 2 Motion to Withdraw. Further ordering that within 21 days of the date of this order the warden at New Lisbon Correctional Institution shall withdraw $350.00 from plaintiff's release account and forward that sum to the Clerk of this Court as plaintiff's filing fee in this action. (cc: all counsel, via USPS to plaintiff, Warden-NLCI) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DOMINIQUE DARNELL ROBINSON,
Plaintiff,
v.

Case No. 13-CV-00480

TIMOTHY DOUMA, and
NEW LISBON CORRECTIONAL INSTITUTE,
Defendants.

ORDER
Plaintiff Dominique Robinson filed a pro se complaint under 42 U.S.C. § 1983 on
April 30, 2013. He also filed a motion to withdraw the $350.00 filing fee for this action from
his prison release account. Plaintiff submits that he has insufficient funds in his general
account to pay the filing fee but sufficient funds in his release account.
The Prison Litigation Reform Act (“PLRA”) requires courts to collect filing fees from
“prisoner’s accounts.” 28 U.S.C. § 1915(b). The term “prisoner’s account” encompasses
both a prisoner’s release account and general account. Spence v. McCaughtry, 46 F.
Supp. 2d 861, 862 (E.D. Wis. 1999). However, “given the purpose of the release account
to provide funds to the prisoner upon his or her release from incarceration, the court does
not deem it prudent to routinely focus on the release account as the initial source of funds
to satisfy the filing fee payment requirements of the PLRA.” Smith v. Huibregtse, 151 F.
Supp. 2d 1040 (E.D. Wis. 2001). Nevertheless, upon request, the court will allow a plaintiff
to pay a filing fee out of his release account. Doty v. Doyle, 182 F. Supp. 2d 750, 752 (E.D.
Wis. 2002).

In this case, plaintiff’s desire to have the full filing fee deducted from his release
account is clear and he has sufficient funds in his release account to pay the full filing fee.
THEREFORE, IT IS ORDERED that plaintiff’s motion to withdraw filing fee from
prison release account (Docket #2) is GRANTED.
IT IS FURTHER ORDERED that, upon plaintiff’s request, the warden at New Lisbon
Correctional Institution shall withdraw $350.00 from plaintiff's release account and forward
that sum to the Clerk of this Court as plaintiff's filing fee in this action. Such payment is to
be made within 21 days of the date of this order.
IT IS ALSO ORDERED that a copy of this order be sent to the warden at New
Lisbon Correctional Institution.
Dated at Milwaukee, Wisconsin, this 2nd day of April 2013.

s/ Lynn Adelman
_______________________
LYNN ADELMAN
District Judge

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