Ward, Quentin v. Eckstein et al

Filing 16

ORDER granting 14 motion for use of release account funds to pay initial partial payment. Signed by Magistrate Judge Peter A. Oppeneer on 2/28/2017. (cc: GBCI business office) (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
QUENTIN C. WARD,
ORDER

Plaintiff,
v.

16-cv-290-jdp

DR. MARY SAUVEY, JEAN LUTSEY,
HANNAH UTTER, MARY ALSTEEN,
and KATHY LEMONS1,
Defendants.
On February 13, 2017, the court assessed plaintiff Quentin C. Ward an initial partial
payment of $229.33 for filing this case due by February 24, 2017. On February 27, 2017,
plaintiff submitted a motion for an order specifically stating plaintiff may use his release
account funds to pay the $229.33 initial partial payment assessed for filing this case.
Plaintiff says he does not have sufficient funds in his regular trust account to pay the
$229.33 initial partial payment. Plaintiff further states that he requested to use his release
account funds to pay the initial payment of $229.33, but says prison officials are requiring an
order from the court directing prison officials to disburse $229.33 from plaintiff’s release
account so plaintiff may pay the initial partial payment.
According to the language of 28 U.S.C. § 1915(b)(1), prison officials are required 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). Therefore, if
sufficient funds do not exist in plaintiff’s regular account to pay his initial partial payment,

I have amended the case caption to change the name Dr. Sauvey to Dr. Mary Sauvey; the name
Nurse Uttor to Hannah Utter; the name Nurse Alston to Mary Alsteen; and the name Nurse Lemons
to Kathy Lemons as indicated in the Wisconsin DOJ’s Acceptance of Service.
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plaintiff should be allowed to use his release account to pay some or all of the assessed
amount of $229.33.

ORDER
IT IS ORDERED that plaintiff Quentin C. Ward’s motion for use of release account
funds to pay the $229.33 initial partial fee in this case is GRANTED. Plaintiff is to submit a
check or money order made payable to the clerk of court in the amount of $229.33 or advise
the court in writing why plaintiff is not able to pay on or before March 17, 2017.

Entered this 28th day of February, 2017.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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