Townsend, Reggie v. Pulver et al

Filing 6

ORDER on ifp request: Initial partial filing fee of $ 5.83 assessed. ( Initial partial filing fee due 1/4/2013.) Plaintiff's 4 motion to use his release account funds to pay the entire filing fee is denied. Signed by Magistrate Judge Stephen L. Crocker on 12/7/2012. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

REGGIE L. TOWNSEND,
Plaintiff,

ORDER

v.

12-cv-896-bbc

CAPTAIN PULVER, MARK CLEMENTS,
CAPTAIN SCHUELER and
1ST and 2ND SHIFT SEG. SG.T,
Defendants.

Plaintiff Reggie Townsend, a prisoner at the Wisconsin Secure Program Facility in Boscobel,
Wisconsin has submitted a proposed complaint under 42 U.S.C. § 1983. 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.
From the trust fund account statement plaintiff has submitted, I calculate his initial partial
payment to be $5.83. If plaintiff does not have the money to make the initial partial payment in
his regular account, 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 $5.83 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 they should send plaintiff’s initial partial payment to this court.
With his complaint, plaintiff has also filed a motion to use his release account funds to pay
the entire fee for filing this case. See dkt. 4. Although it is commendable that plaintiff is taking
responsibility for paying his entire filing fee promptly, he cannot use his release account funds in the

manner he requests. The language in 28 U.S.C. § 1915(b)(1) suggests 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, federal courts lack the authority to tell state officials whether
and to what extent a prisoner should be able to withdraw money from his release account. Because
plaintiff cannot use his release account funds to pay the entire balance of the $350 filing fee, I will
deny his motion.

ORDER
IT IS ORDERED that:
1. Plaintiff Reggie Townsend’s motion to use his release account funds to pay the entire
filing fee in this case, dkt. 4, is DENIED;
2. Plaintiff is assessed $5.83 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 $5.83
on or before January 4, 2013. If, by January 4, 2013, 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.
Entered this 7th day of December, 2012.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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