Karow, Thaddeus v. Heyde et al

Filing 6

ORDER denying 5 Motion for Use of Release Account Funds. Plaintiff may have until July 15, 2014, to submit a check or money order made payable to the clerk of court in the amount of $136.05. Signed by Magistrate Judge Peter A. Oppeneer on 6/27/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
THADDEUS KAROW,
Plaintiff,

ORDER

v.
Case No. 14-cv-395-jdp
NURSE HEYDE, NURSE ANDERSON,
DOCTOR HANNULA, JANE DOE AND
JOHN DOES 1-10.
Defendants.

On June 3, 2014, this court entered an order directing plaintiff Thaddeus Karow to
submit by June 30, 2014 an initial partial payment of the filing fee in the amount of $136.05
in this case.

Now plaintiff has filed a motion to use his release account funds to pay the

entire fee for filing this case. (Dkt. #5).
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, his motion will be denied.
Plaintiff is reminded that if he 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

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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 $136.05 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.
Since the court has not yet received plaintiff’s $136.05 initial partial payment and his
deadline is June 30, the court will provide plaintiff with an enlargement of time to pay his
initial partial payment.

ORDER
IT IS ORDERED that:
1.

Plaintiff Thaddeus Karow’s motion for use of his release account funds to pay

the entire filing fee in this case (Dkt. #5) is DENIED.
2.

Plaintiff may have until July 15, 2014, to submit a check or money order made

payable to the clerk of court in the amount of $136.05. If by July 15 2014, 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 and the case will be closed without prejudice to plaintiff's
filing his case at a later date.
Entered this 27th day of June, 2014.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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