Collins v. Callister et al

Filing 53

ORDER signed by Judge Pamela Pepper on 9/14/2017 GRANTING 52 plaintiff's motion to use funds from release account to pay initial partial filing fee for his appeal. Within 21 days, agency having custody of plaintiff to withdraw $1.46 from plaintiff's release account and forward it to clerk of court as initial partial filing fee in plaintiff's appeal. (cc: all counsel, via mail to Maurice Collins and Warden at Wisconsin Secure Program Facility) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
______________________________________________________________________________
MAURICE COLLINS,
Plaintiff,
v.

Case No. 16-cv-1151-pp

TODD CALLISTER,
BONNIE HALPER, and
JEFFREY MANLOVE,
Defendants.
______________________________________________________________________________
DECISION AND ORDER GRANTING PLAINTIFF’S MOTION
TO USE FUNDS FROM HIS RELEASE ACCOUNT (DKT. NO. 52)
______________________________________________________________________________
The plaintiff filed a motion for leave to appeal without prepayment of the
filing fee, which the court granted on August 31, 2017. Dkt. Nos. 44, 51. In
granting the motion, the court ordered the plaintiff to pay an initial partial
filing fee of $1.46. Dkt. No. 51. The plaintiff has filed a motion asking that he
be allowed to pay that fee with funds in his release account. Dkt. No. 52.
The Prison Litigation Reform Act requires the Court to collect filing fees
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). “A release account is a
restricted account maintained by the Wisconsin Department of Corrections to
be used upon the prisoner’s release from custody upon completion of his
sentence.” Wilson v. Anderson, Case No. 14-C-798, 2014 WL 3671878 at *3
(E.D. Wis. July 23, 2014) (citing Wis.Adm.Code § DOC 309.466). Given the
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purpose of the release account, federal courts do not deem it prudent to focus
on that account as the source of funds to satisfy the filing fee payment
requirements. Smith v. Huibregtse, 151 F. Supp. 2d 1040, 1042 (E.D. Wis.
2001). That said, upon request, a court may allow a plaintiff to pay the initial
partial filing fee with funds in his release account. Doty v. Doyle, 182 F. Supp.
2d 750, 752 (E.D. Wis. 2002). The court will grant the plaintiff’s motion.
The court GRANTS the plaintiff’s motion to use funds from his release
account to pay the initial partial filing fee for his appeal (dkt. no. 51).
The court ORDERS that, upon request from the plaintiff, the agency
having custody of the plaintiff shall withdraw $1.46 from the plaintiff's release
account and forward that sum to the Clerk of Court as the plaintiff's initial
partial filing fee in his appeal. Such payment is to be made within twenty-one
days of this order.
The court will send a copy of this order to the agency having custody of
the plaintiff
Dated in Milwaukee, Wisconsin this 14th day of September, 2017.
BY THE COURT:
________________________________________
HON. PAMELA PEPPER
United States District Judge

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