Tanksley, James v. Wall, Edward et al

Filing 9

ORDER denying 8 Motion for Use of Release Account Funds. Plaintiff may have an enlargement of time, to May 1, 2015, to pay his $147.17 initial partial payment. 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. Signed by Magistrate Judge Peter A. Oppeneer on 4/9/2015. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JAMES A. TANKSLEY,
Plaintiff,

ORDER

v.
Case No. 15-cv-126-jdp
EDWARD WALL, et al.
Defendants.

On March 13, 2015, this court entered an order assessing plaintiff an initial partial
payment of the filing fee for this case, which was due on April 3, 2015. Rather than pay the
initial partial filing fee, plaintiff has submitted a letter requesting that any funds over $10 in
his regular account, plus the remainder from his release account funds, be used to pay his
$147.17 initial partial filing fee.

In the alternative, plaintiff requests to use his release

account funds to pay the entire $350 filing fee.

(Dkt. #8).

Plaintiff’s requests will be

denied.
Nothing in the 1996 Prison Litigation Reform Act requires a warden to agree to
bypass a prisoner’s regular account in favor of a prisoner’s release account to pay a filing fee
simply because the prisoner doesn’t want to use his regular account’s funds to pay the
assessed initial partial filing fee.

The only money that the state need take from a state

prisoner’s release account is money that fits within the formula specified in 28 U.S.C. §
1915. Thus, if plaintiff has any money in his regular account, prison officials may use that
money first before using money in plaintiff’s release account to pay the initial partial
payment.

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After the initial partial payment has been paid, § 1915(b)(2) controls the withdrawal
of the remainder of the filing fee from a prisoner’s account. It provides that the balance of
the fee is to be paid in installments figured at 20% of “the preceding month's income.” If the
money exists in plaintiff’s regular account, it will be taken from that account.

ORDER
IT IS ORDERED that:
1.

Plaintiff James A. Tanksley’s motion for an order directing prison officials to

pay the entire initial partial payment or the entire $350 filing fee in this case from his
release account (dkt. #5), is DENIED.
2.

Plaintiff may have an enlargement of time, to May 1, 2015, to pay his $147.17

initial partial payment. 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.
3.

If, by May 1, 2015, plaintiff fails to make the initial partial payment or show

cause for failure to do so, I will assume that he wishes to withdraw this action voluntarily
and the case will be closed without prejudice to plaintiff’s refiling it at a later date.

Entered this 9th day of April, 2015.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge
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