Owens, Allan v. Balow, Gregory et al

Filing 100

ORDER denying plaintiff Allen Dean Owens's 98 motion to stay collection ofcosts. Signed by District Judge Barbara B. Crabb on 5/24/2018. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ALLAN DEAN OWENS,

ORDER

Plaintiff,

15-cv-489-bbc

v.
GREGORY BALOW,
Defendant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - On March 27, 2017, I issued an opinion and order granting defendant Gregory
Balow’s motion for summary judgment and dismissing all of plaintiff Allan Dean Owens’s
claims in this case. Dkt. #79. The clerk of court entered judgment in favor of defendant
and closed the case, dkt. #80, and later entered an order granting defendant’s request for
costs of $1,710.57. Now plaintiff has filed a “motion to stay collection of costs,” dkt. #98,
in which he asks the court to order the state prison to stop withdrawing money from his
account for the costs owed defendant. Plaintiff contends that the state has no legal right to
collect costs from his inmate account and that he needs the money in his account to pay for
other things.
Plaintiff is mistaken in his belief that the state has no legal basis for withdrawing
money to pay for the costs plaintiff owes. Under 28 U.S.C. § 1915(f)(2), “[i]f the judgment
against a prisoner includes the payment of costs. . ., the prisoner shall be required to pay the
full amount of the costs ordered.”

Further, “[t]he prisoner shall be required to make

payments for costs . . . in the same manner as is provided for filing fees” set forth in §

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1915(b)(2). Id. Specifically, each time plaintiff has more than $10 in his account, the
prison is required to make a payment on the judgment of costs equal to 20 percent of the
preceding month’s income.

In sum, the prison has not violated plaintiff’s rights by

withdrawing money from his account to pay for the costs owed to defendant. Therefore, I
must deny plaintiff’s motion.

ORDER
IT IS ORDERED that plaintiff Allen Dean Owens’s “motion to stay collection of
costs,” dkt. #98, is DENIED.

Entered this 24th day of May, 2018.

BY THE COURT:
/s/
__________________________________
BARBARA B. CRABB
District Judge

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