McGhee, Laderian v. Suliene, Dalia et al

Filing 120

ORDER denying 118 Motion for Use of Release Account Funds. Signed by Magistrate Judge Stephen L. Crocker on 3/12/2014. (jef),(ps)

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

LADERIAN McGHEE,
Plaintiff,

ORDER

v.
13-cv-67-bbc
DALIA SULIENE,
Defendant.

Plaintiff Laderian McGhee, a prisoner at the Columbia Institution, in Portage, Wisconsin
is proceeding in forma pauperis in this lawsuit. Now before the court is plaintiff’s motion for an
order directing prison officials to pay the remaining balance of the filing fee from his release
account. See dkt. 118. The request will be denied.
Under the Prison Litigation Reform Act, an inmate who files a lawsuit in federal court
under the in forma pauperis statute must pay the $350 filing fee, first by making an initial partial
payment and then by sending the remainder of the fee to the court in installments of 20% of the
preceding month’s income in accordance with 28 U.S.C. § 1915(b)(2). On January 30, 2013,
this court entered an order assessing plaintiff a $86.47 initial partial payment of the filing fee
in this case, which plaintiff paid on February 6, 2013.
Although it is commendable that plaintiff is taking responsibility for paying his remaining
balance 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 remaining balance of the $350 filing fee, I will
deny his motion.

ORDER
IT IS ORDERED that plaintiff Laderian McGhee’s motion for an order directing prison
officials to pay the remainder of his filing fee from his release account, dkt. #118, is DENIED.

Entered this 12th day of March, 2014.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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