Oswald, Daniel v. Pollard, William et al

Filing 7

ORDER on ifp request: Initial partial filing fee of $ 145.34 assessed. (Initial partial filing fee due 6/1/2015.) Plaintiff's request to use his release account funds to pay the entire filing fee in this case (Dkts # 1 , 5 ) is DENIED. Plaintiff's motion for assistance in the recruitment of counsel (Dkt. # 3 ) is DENIED Signed by Magistrate Judge Peter A. Oppeneer on 5/18/2015. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DANIEL P. OSWALD,
Plaintiff,

ORDER

v.
Case No. 15-cv-291-wmc
WILLIAM POLLARD, ET AL.,
Defendants.

Plaintiff Daniel P. Oswald, a prisoner in the custody of the Wisconsin Department of
Corrections, has submitted a proposed civil action under 42 U.S.C. § 1983. Plaintiff has
filed a certified copy of an inmate trust fund account statement in support of the motion for
leave to proceed without prepaying the fee. After considering the motion and supporting
documentation, the court concludes that plaintiff qualifies for indigent status.
Even when a prisoner litigant qualifies for indigent status, the prisoner litigant must
pay a portion of the fee returned by the formula set forth in 28 U.S.C. § 1915(b)(1). Using
information for the relevant time period from plaintiff’s trust fund account statement, I
conclude plaintiff’s initial partial filing fee to be $145.34. For this case to proceed, plaintiff
must submit this amount on or before June 1, 2015.
Plaintiff requests to use his release account funds to pay the entire fee for filing this
case. (Dkts ##1, 5). 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 a release account.
account funds to pay the entire filing fee.

Therefore, plaintiff cannot use the release

Finally, plaintiff has filed a motion for court assistance in recruiting counsel. (Dkt.
#3). Until the court has screened the complaint, a motion requesting the assistance of
volunteer counsel is premature. Plaintiff may renew this request after this case has been
screened as required by the Prison Litigation Reform Act, 28 U.S.C. § 1915A.

ORDER
IT IS ORDERED that,
1.

Plaintiff Daniel P. Oswald is assessed $145.34 as an initial partial payment of

the $350.00 fee for filing this case. Plaintiff is to submit a check or money order made
payable to the clerk of court in the amount of $145.34 or advise the court in writing why
plaintiff is not able to submit the assessed amount on or before June 1, 2015.
2.

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

cause for failure to do so, plaintiff will be held to have withdrawn this action voluntarily and
the case will be closed without prejudice to plaintiff's filing this case at a later date.
3.

Plaintiff’s request to use his release account funds to pay the entire filing fee in

this case (Dkts #1, 5) is DENIED. If plaintiff does not have enough money to make the
$145.34 initial partial payment from his regular account, plaintiff should arrange with prison
authorities to pay the remainder from his release account.
4.

Plaintiff’s motion for assistance in the recruitment of counsel (Dkt. #3) is

DENIED without prejudice.
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No further action will be taken in this case until the clerk’s office receives

plaintiff’s initial partial filing fee as directed above and the court has screened the complaint

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as required by the PLRA, 28 U.S.C. § 1915A. Once the screening process is complete, a
separate order will issue.

Entered this 18th day of May, 2015.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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