Grissom, Terrance et al v. Pollard, William

Filing 21

ORDER denying Plaintiff Robert Kidd's 20 Motion for Use of Release Account Funds. Signed by Magistrate Judge Peter A. Oppeneer on 10/21/2015. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
TERRANCE GRISSOM AND
ROBERT KIDD,
ORDER

Plaintiffs,
v.

Case No. 14-cv-808-jdp

WILLIAM J. POLLARD,
Defendant.

Plaintiff Robert Kidd 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 September 24, 2015, this court
entered an order assessing plaintiff Kidd an initial partial payment of the filing fee for this
case, which he has paid.

The language of 28 U.S.C. § 1915(b)(1) requires prison officials 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
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 a release
account. I will deny this motion.

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ORDER
IT IS ORDERED that plaintiff Robert Kidd’s motion for an order directing prison
officials to pay the remainder of his filing fee in this case from his release account is
DENIED.

Entered this 21st day of October, 2015.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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