Rozak, Ryan v. Hepp, Randall et al

Filing 7

ORDER denying 5 Motion for Use of Release Account Funds to pay entire filing fee. Plaintiff may have an enlargement of time, to April 20, 2015, to pay his $108.49 initial partial payment. Signed by Magistrate Judge Peter A. Oppeneer on 3/27/2015. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
RYAN K. ROZAK,
Plaintiff,

ORDER

v.

Case No. 15-cv-134-jdp

RANDALL HEPP, et al.
Defendants.

On March 3, 2015, this court entered an order assessing plaintiff an initial partial
payment of the filing fee for this case, which was due on March 23, 2015. Rather than pay
the initial partial filing fee, plaintiff has submitted a motion to use his release account funds
to pay the entire filing fee. (Dkt. #5).
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, I must deny plaintiff’s
motion because except for initial partial payments, this court does not have the authority to
tell state officials to withdraw money from a release account.

ORDER
IT IS ORDERED that:
1.

Plaintiff Ryan K. Rozak’s motion for an order directing prison officials to pay

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 April 20, 2015, to pay his

$108.49 initial partial payment. If plaintiff does not have the money to make the initial

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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 April 20, 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 27th day of March, 2015.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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