Hicks v. Facktor et al

Filing 11

ORDER signed by Judge Rudolph T. Randa on 5/5/2016. Within 21 days $330.18 to be withdrawn from plaintiff's release account and forwarded to Clerk of Court as plaintiff's filing fee in this action. (cc: all counsel, via mail to Eric Hicks and Warden at Green Bay Correctional Institution)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
ERIC L. HICKS,
Plaintiff,
-vs-

Case No. 16-CV-284

CINDY O’DONNELL, CHARLES FACKTOR,
MICHAEL BAENEN, CAPTAIN LESATZ,
CO GLADES, MICHAEL MOHR,
Defendants.

DECISION AND ORDER
On March 8, 2016, Eric Hicks, filed an action under 42 U.S.C.
§ 1983 alleging that his civil rights were violated at the Green Bay
Correctional Institution. (ECF No. 1). He asked to proceed in forma
pauperis (ECF No. 2), and the court assessed an initial partial filing fee of
$19.82 (ECF No. 12). The plaintiff paid the initial partial filing fee on
March 18, 2016, and the court screened his complaint on March 31, 2016
(ECF No. 8). This matter comes before the court on the plaintiff’s motion to
use his release account to pay the balance of the filing fee. (ECF No. 9).
The Prison Litigation Reform Act requires the court to collect the
filing fee from a “prisoner’s account.” 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). Upon the plaintiff’s request, the court has discretion to allow
plaintiff to pay a filing fee, or a portion thereof, out of his release account.
Doty v. Doyle, 182 F. Supp. 2d 750, 752 (E.D. Wis. 2002).
The plaintiff requested to use his release account to pay the balance
of his filing fee. (ECF No. 9) His account contains $983.88 (ECF No. 3),
and this amount is sufficient to pay the balance of filing fee. Accordingly,
the court will allow plaintiff to pay the balance of filing fee with funds in
his release account.
IT IS THEREFORE ORDERED that the warden at the Green Bay
Correctional Institution shall withdraw $330.18 from the plaintiff’s
release account and forward that sum to the Clerk of this Court as the
plaintiff’s filing fee in this action. Such payment is to be made within
twenty-one days of the date of this order
IT IS ALSO ORDERED that copies of this order be sent to the
warden at Green Bay Correctional Institution.
Dated at Milwaukee, Wisconsin, this 5th day of May, 2016.
BY THE COURT:
__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge
-2-