Golden, Parish et al v. Stutleen et al

Filing 5

ORDER on ifp request: Initial partial filing fee of $ 107.04 assessed. (Initial partial filing fee due 9/30/2011.) Plaintiffs 4 motion for use of release account funds is granted to the extent that his $107.04 initial partial payment in this case may be taken from his release account; plaintiff's 4 motion is denied in that the outstanding filing fees in cases 09-cv-150 and 09-cv-442 may not be taken from his release account. Signed by District Judge Barbara B. Crabb on 9/8/2011. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
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PARISH GOLDEN,
Plaintiff,

ORDER

v.

11-cv-616-bbc

WILLIAM POLLARD, MICHAEL BAENEN,
PETE ERICKSEN, LT. STUTLEEN,
CO II RAUSCH, CO II FRISCH,
CO II BIEMERET, CO II DEBROUX and
JOHN DOES 1-10,
Defendants.
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Plaintiff Parish Golden, a prisoner at the Green Bay Correctional Institution in Green
Bay, Wisconsin, has submitted a proposed complaint. He asks for leave to proceed in forma
pauperis. Because plaintiff is a prisoner, he is subject to the 1996 Prisoner Litigation Reform
Act.

This means that before this court may decide whether he can proceed with his

complaint in forma pauperis, plaintiff will have to make an initial partial payment of the
filing fee. The initial partial payment is calculated by using the method established in 28
U.S.C. § 1915, that is, by figuring 20% of the greater of the average monthly balance or the
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average monthly deposits to the plaintiff’s trust fund account statement. From the trust
fund account statement that plaintiff has submitted, the greater of these two amounts is the
average monthly balance, which is $535.19. From the trust fund account statement plaintiff
has submitted, I calculate his initial partial payment to be $107.04. Also, he must pay the
remainder of the fee in monthly installments even if his request for leave to proceed is
denied. If plaintiff does not have the money in his regular account to make the initial partial
payment, he will have to arrange with prison authorities to pay some or all of the assessment
from his release account. This does not mean that plaintiff is free to ask prison authorities
to pay all of his filing fee from his release account. The only amount plaintiff must pay at
this time is the $107.04 initial partial payment. Before prison officials take any portion of
that amount from plaintiff’s release account, they may first take from plaintiff’s regular
account whatever amount up to the full amount plaintiff owes. Plaintiff should show a copy
of this order to prison officials to insure that they are aware that they should send plaintiff’s
initial partial payment to this court.
Along with his complaint, plaintiff has also filed a motion for use of release account
funds, dkt. #4. In his motion, plaintiff asks that the court issue an order directing the
business office at Green Bay Correctional Institution to use his release account funds to pay
the initial partial filing fee in this case. He also asks that the outstanding filing fees in closed
cases 09-cv-150 and 09-cv-442 be paid using his release account funds. Plaintiff’s motion
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will be granted with respect to the filing fee in this case, but denied with respect to the filing
fees in his other cases. Plaintiff may not use his release account to pay the outstanding fees
in closed cases 09-cv-150 and 09-cv-442. The language in 28 U.S.C. § 1915(b)(1) indicates
that prison officials are required to use a prisoner’s release account to satisfy an initial partial
payment if no other funds are available. Carter v. Bennett, 399 F. Supp. 2d 936, 936-37
(W.D. Wis. 2005). However, with the exception of initial partial payments, this court does
not have the authority to tell state officials whether and to what extent a prisoner should be
able to withdraw money from his release account.

ORDER
IT IS ORDERED that
1. Plaintiff Parish Golden is assessed $107.04 as an initial partial payment of the
$350 fee for filing this case. He is to submit a check or money order made payable to the
clerk of court in the amount of $107.04 on or before September 30, 2011. If, by
September 30, 2011, plaintiff fails to make the initial partial payment or show cause for
his failure to do so, he will be held to have withdrawn this action voluntarily. In that
event, the clerk of court is directed to close this file without prejudice to plaintiff's filing
his case at a later date.
2. Plaintiff’s motion for use of release account funds, dkt. #4 is GRANTED in
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part and DENIED in part. Plaintiff’s $107.04 initial partial payment in this case may be
taken from his release account, but the outstanding filing fees in cases 09-cv-150 and
09-cv-442 may not be taken from his release account.

Entered this 8th day of September, 2011.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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