Prude v. Cooper et al

Filing 9

ORDER signed by Judge J.P. Stadtmueller on 5/3/2018: GRANTING in part 8 Plaintiff's Motion Regarding Payment of Filing Fee. Plaintiff PERMITTED to use release account funds to pay the initial partial filing fee in this action; Secretary of W isconsin DOC to RELEASE $13.23 from Plaintiff's release account for such payment; Plaintiff's deadline to pay EXTENDED to 5/21/2018. See Order. (cc: all counsel, via mail to Terrance Prude and Warden at Wisconsin Secure Program Facility) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
TERRANCE PRUDE,
Plaintiff,
v.

Case No. 18-CV-550-JPS

SARAH COOPER, AIMEE WILSON,
LT. TRITT, NURSE LARSON, MARK
JENSEN, GWENDOLYN A. VICK,
DR. MANLOVE, and ANTHONY
MELI,

ORDER

Defendants.
Plaintiff Terrance Prude, a prisoner representing himself, filed a
complaint in the above-captioned action along with a request to proceed in
forma pauperis. (Docket #1 and #4). The Court assessed an initial partial filing
fee (“IPFF”) of $13.23. (Docket #6). Plaintiff has now requested that he be
permitted to use funds from his release account for payment of the entire
filing fee or, in the alternative, the IPFF. (Docket #8). Plaintiff also requested
an extension of his deadline to pay the IPFF, citing difficulties with
accessing his release account without a court order. Id.
“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 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 full filing fee payment requirements. Smith v.

Huibregtse, 151 F. Supp. 2d 1040, 1042 (E.D. Wis. 2001). As the Seventh
Circuit has instructed, “like any other civil litigant, [a prisoner] must decide
which of [his] legal actions is important enough to fund,” Lindell v.
McCallum, 352 F.3d 1107, 1111 (7th Cir. 2003); thus, if a prisoner concludes
that “the limitations on his funds prevent him from prosecuting [a] case
with the full vigor he wishes to prosecute it, he is free to choose to dismiss
it voluntarily and bring it at a later date.” Williams v. Berge, No. 02-CV-10,
2002 WL 32350026, at *8 (W.D. Wis. Apr. 30, 2002).
In light of the foregoing, the Court will not permit Plaintiff to tap
into his release account for the entirety of his filing fee or other litigation
costs. See Wilson v. Anderson, No. 14-CV-0798, 2014 WL 3671878, at *3 (E.D.
Wis. July 23, 2014). However, the Court will grant Plaintiff permission to
use funds from his release account solely for the purpose of paying the IPFF.
The Court will also grant Plaintiff’s request for extension of the deadline to
pay the IPFF; he will be afforded one additional week. Plaintiff shall ensure
that the IPFF of $13.23 is paid to the Clerk of the Court on or before May 21,
2018.
Accordingly,
IT IS ORDERED that Plaintiff’s motion to use his release account
funds (Docket #8) be and the same is hereby GRANTED insofar as Plaintiff
is permitted to use release account funds for the sole purpose of paying the
initial partial filing fee;
IT IS FURTHER ORDERED that the Secretary of the Wisconsin
Department of Corrections or his designee shall release $13.23 from
Plaintiff’s release account for payment of the initial partial filing fee;

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IT IS FURTHER ORDERED that Plaintiff’s deadline to pay the
initial partial filing fee be and the same is hereby EXTENDED to May 21,
2018; and
IT IS FURTHER ORDERED that copies of this order be sent to the
officer in charge of the agency where the plaintiff is confined.
Dated at Milwaukee, Wisconsin, this 3rd day of May, 2018.
BY THE COURT:

____________________________________
J. P. Stadtmueller
U.S. District Judge

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