Juarez, Elpidio v. Walter, Carroll et al

Filing 16

ORDER denying 15 motion for use of release account funds to pay remainder of filing fee. Signed by Magistrate Judge Peter A. Oppeneer on 8/11/2016. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
ELPIDIO JUAREZ,
Plaintiff,

ORDER

v.
Case No. 16-cv-181-jdp
CARROLL WALTER, ET AL.,
Defendants.

On August 8, 2016, plaintiff submitted a letter to the court, dkt. 15, which I will
construe as a motion for an order directing prison officials to pay the remainder of the filing
fee for this case from plaintiff’s release account. Under the Prison Litigation Reform Act, an
inmate who files a lawsuit in federal court under the in forma pauperis statute must pay the
$350 filing fee, first by making an initial partial payment and then by sending the remainder
of the fee to the court in installments of 20% of the preceding month’s income, in accordance
with 28 U.S.C. § 1915(b)(2).

On May 27, 2015, this court entered an order assessing

plaintiff an initial partial payment of the filing fee for this case, which plaintiff has paid.
Plaintiff has been making monthly installment payments since then.
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, with the exception of
such initial partial payments, this court does not have the authority to tell state officials
whether, and to what extent, a prisoner should be able to withdraw money from a release
account. For this reason, I will deny plaintiff’s motion.

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ORDER
IT IS ORDERED that plaintiff Elpidio Juarez’s motion for an order directing prison
officials to pay the remainder of the filing fee in this case from plaintiff’s release account is
DENIED.

Entered this 11th day of August, 2016.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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