Jackson, Lonnie v. Raemisch, Rick et al

Filing 16

ORDER denying 15 Motion for Court Order to Pay Outstanding Institutional Legal Loan Debt Out of Release Account. Signed by Magistrate Judge Stephen L. Crocker on 8/31/2010. (vob),(ps)

J a c k s o n , Lonnie v. Raemisch, Rick et al

D o c . 16

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN

LONNIE L. JACKSON, P l a in t i f f , v. 10-cv-212-slc J. SMITH, et al. D efend an ts. L O N N IE L. JACKSON, P l a in t i f f , v. 10-cv-425-slc D R . MURPHY and R.N. WENDY C, D efend an ts. ORDER ORDER

P l a i n t if f , a prisoner at the

W a u p u n Correctional Institution is proceeding in forma

p a u p e r i s on these lawsuits. Plaintiff has moved for an order directing prison officials to pay the r e m a in in g balance of the filing fees and other legal costs in these cases from his release account. I am denying this request. Under the Prison Litigation Reform Act, an inmate who files a lawsuit in federal court u n d e r the in forma pauperis statute must pay the $350 filing fee, first by making an initial partial p a y m e n t and then by sending the remainder of the fee to the court in installments of 20% of the p r e c e d i n g month's income in accordance with 28 U.S.C. § 1915(b)(2). On April 20, 2010, this c o u r t entered an order assessing plaintiff a $1.07 initial partial payment of the filing fee on each o f these cases, which plaintiff paid on April 27, 2010 in case 10-cv-212-slc and on August 13, 2 0 1 0 in case 10-cv-425-slc. Although this court admires plaintiff's initiative, I cannot order the state to allocate p l a i n t i f f ' s release account funds in the manner he requests. The language of 28 U.S.C. §

1 9 1 5 ( b ) ( 1 ) suggests that prison officials are required to use a prisoner's release account to satisfy

Dockets.Justia.com

a n initial partial payment if no other funds are available. Carter v. Bennett, 399 F. Supp. 2d 936, 9 3 6 - 3 7 (W . D . W i s . 2005). However, with the exception of such initial partial payments, this c o u r t does not have the authority to tell state officials whether, and to what extent, a prisoner s h o u l d be able to withdraw m o n e y from his release account. Because plaintiff cannot use his r e l e a s e account funds to pay the remaining balance of the $350 filing fee or for his expenses in p u r s u in g his claims, I will deny his motion.

ORD ER I T IS ORDERED that plaintiff's motion for an order directing prison officials to pay the r e m a in d e r of his filing fee and legal expenses from his release account for cases 10-cv-212 and 1 0 - c v - 4 2 5 is DENIED. E n t e r e d this 31 s t day of August, 2010. B Y THE COURT: /s / STEPHEN L. CROCKER M a g is tr a t e Judge

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