Scott v. Walker et al

Filing 109

ORDER signed by Judge Pamela Pepper on 5/15/2018 GRANTING 108 plaintiff/appellant's request to use release account to pay initial partial filing fee in appeal. Agency having custody of plaintiff/appellant shall forward initial partial filing f ee of $22.28 to clerk of court by 6/8/2018--the funds shall first be drawn from the plaintiff/appellant's regular trust account, and when no funds are available in that account, the remaining balance shall be drawn from the plaintiff/appellant's release account. (cc: all counsel, via mail to Steven Scott and Warden at Green Bay Correctional Institution)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
______________________________________________________________________________
STEVEN DIONNE SCOTT,
Plaintiff/Appellant,
v.

Case No. 14-cv-864-pp
USCA Case No. 18-1272

JAMES RICHTER, et al.,
Defendants/Appellees.
______________________________________________________________________________
ORDER GRANTING APPELLANT’S REQUEST TO USE RELEASE ACCOUNT
TO PAY THE INITIAL PARTIAL FILING FEE (DKT. NO. 108)
______________________________________________________________________________
The appellant has filed a motion, asking the court to allow him to pay the
$22.28 initial partial filing fee for his appeal out of his release account. Dkt.
No. 108.
A prisoner may use his release account to satisfy an initial partial
payment “if no other funds are available.” Robinson v. Tegels, No. 13-CV-198WMC, 2013 WL 1192485, at *1 (W.D. Wis. Mar. 22, 2013)(citing Carter v.
Bennett, 399 F. Supp. 2d 936, 936-37 (W.D.Wis.2005). Indeed, “if a petitioner
does not have sufficient funds in his regular account to pay the full amount of
the initial partial payment assessed to him, then prison officials will draw
funds first from the prisoner’s regular account and any portion of the initial
partial payment remaining from the prisoner’s release account fund.” Carter,
399 F. Supp. at 937.

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The appellant’s trust fund activity statement shows an end balance of
$0.69. Dkt. No. 105. This is not sufficient to allow the appellant to pay the
initial partial filing fee.
The court GRANTS the appellant’s request to use his release account to
pay the initial partial filing fee for his appeal. Dkt. No. 108.
The court ORDERS the agency having custody of the appellant to collect
$22.28 from the appellant’s accounts, and forward that sum to the Clerk of
Court as an initial partial payment for his appeal. The court ORDERS that the
agency first shall draw funds from the appellant’s regular trust account, and
when no other funds are available in that account, shall draw the remaining
balance from the appellant’s release account. The agency shall send the
payment to the clerk of court by June 8, 2018.
The court will send a copy of this order to the agency having custody of
the appellant.
Dated in Milwaukee, Wisconsin this 15th day of May, 2018.
BY THE COURT:
________________________________________
HON. PAMELA PEPPER
United States District Judge

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