Foote, James v. Polk, John et al
Filing
10
ORDER denying 8 motion for an order directing prison officials to pay remainder of the filing fee in this case from plaintiff's release account. Signed by Magistrate Judge Peter A. Oppeneer on 12/15/2016. (nln),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JAMES F. FOOTE,
Plaintiff,
ORDER
v.
Case No. 16-cv-641-wmc
JOHN A. POLK, et al.,
Defendants.
Plaintiff James F. Foote has submitted a letter, dkt. #8, which I will construe as a
motion for an order directing prisoner officials to pay the remainder of the filing fees in 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 September 20, 2016, this court entered an order assessing plaintiff an
initial partial payment of the filing fee for this case, which plaintiff has paid.
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. Accordingly, I will deny plaintiff’s motion.
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ORDER
IT IS ORDERED that plaintiff James F. Foote’s motion for an order directing prison
officials to pay the remainder of the filing fee in this case from plaintiff’s release account, dkt.
#8, is DENIED.
Entered this 15th day of December, 2016.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge
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