Harrell v. Artus et al

Filing 22

ORDER DENYING 17 MOTION for Order for funds to be taken from release account filed by Vincent E Harrell, signed by Chief Judge William C Griesbach on 10/11/2016. (cc: all counsel via efile; Harrell via U.S. Mail)(Griesbach, William)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN VINCENT E. HARRELL, Plaintiff, v. Case No. 16-C-694 OFFICER ROWE, et al. Defendants. ORDER DENYING MOTION TO ACCESS RELEASE ACCOUNT Plaintiff filed a motion asking that he be allowed to pay the remainder of the filing fee ($264.42) with funds in his release account rather than with funds in his regular prison account. The motion will be denied. In some circumstances release accounts may be accessed to pay an initial partial filing fee, which is assessed upon the grant of an inmate’s motion to proceed in forma pauperis. In fact, the Honorable Rudolph T. Randa, who was previously assigned to this case, allowed plaintiff to access his release account for that purpose on June 27, 2016. In that order, however, he also explained to plaintiff that, “given the purpose of the release account, the Court does not believe it is prudent to allow [plaintiff] to significantly deplete that account by paying the full filing fee using those funds.” (ECF No. 8 at 2.) This court has found no authority to access the release account outside of an initial partial filing fee, so it will not disturb Judge Randa’s decision. SO ORDERED this 11th day of October, 2016. /s William C. Griesbach William C. Griesbach, Chief Judge United States District Court

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