Austin, David v. G4S Secure Solutions USA et al

Filing 7

ORDER denying 6 Motion for Use of Release Account Funds Only. Plaintiff may have an enlargement of time, to June 22, 2015, to pay the $46.43 initial partial payment. Signed by Magistrate Judge Peter A. Oppeneer on 5/26/2015. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DAVID D. AUSTIN, II,
Plaintiff,

ORDER

v.
Case No. 15-cv-259-jdp
GRS SECURE SOLUTIONS USA, et al,
Defendant.

On May 12, 2015, this court entered an order assessing plaintiff an initial partial
payment of the filing fee for this case, which is due on June 2, 2015. Rather than pay the
initial partial filing fee, plaintiff has requested that release account funds be used to pay the
entire $46.43 initial partial filing fee. (Dkt. #6). Plaintiff’s motion is 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 does not want to use regular account funds to pay the assessed
initial partial filing fee. The only money that the state needs 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.
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.

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ORDER
IT IS ORDERED that:
1.

Plaintiff David D. Austin’s motion for an order directing prison officials to pay

the entire initial partial payment in this case from his release account (dkt. #6), is
DENIED.
2.

Plaintiff may have an enlargement of time, to June 22, 2015, to pay the

$46.43 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 June 22, 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 26th day of May, 2015.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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