Rzeplinski, James v. Tidquist, Debbie et al

Filing 36

ORDER denying 33 Motion for Use of Release Account Funds. Signed by Magistrate Judge Peter A. Oppeneer on 12/29/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JAMES RZEPLINSKI,
Plaintiff,

ORDER

v.
Case No. 14-cv-41-jdp
DEBBIE TIDQUIST, et al.,
Defendants.

Plaintiff has submitted a motion for an order directing prison officials to pay the
remainder of his filing fee from his release account. 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 23, 2014, this court entered an order assessing
plaintiff an initial partial payment of the filing fee for this case, which plaintiff has paid.
Plaintiff has been making monthly installment payments since then.
The language of 28 U.S.C. § 1915(b)(1) requires prison officials 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
such 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. Because plaintiff cannot use his release account funds to pay the remaining balance
of the $350 filing fee, I will deny his motion.

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ORDER
IT IS ORDERED that plaintiff James Rzeplinski’s motion for an order directing
prison officials to pay the remainder of his filing fee from his release account (Dkt. #33) is
DENIED.

Entered this 29th day of December, 2014.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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