Brown, Scott v. Miller, Jasen

Filing 7

ORDER granting 6 request for court order allowing plaintiff to use his release account funds to pay $4.65 initial partial payment. Initial partial payment due by 11/29/16. Signed by Magistrate Judge Peter A. Oppeneer on 11/8/2016. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
SCOTT BROWN,
ORDER

Plaintiff,
v.

16-cv-682-jdp

JASEN MILLER,
Defendant.
On October 14, 2016, I assessed plaintiff Scott Brown an initial partial payment of
$4.65 due by November 7, 2016. Now plaintiff has submitted a letter (dkt. #6), which I
construe as a motion for an order requiring disbursement of $4.65 from plaintiff’s release
account to make the initial partial payment of the $350 filing fee. Plaintiff seeks an order
requiring disbursement of $4.65 from plaintiff’s release account because there are not
sufficient funds in his general trust account.
Pursuant to 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).
ORDER
Accordingly, IT IS ORDERED that prison officials are directed to disburse $4.65 from
plaintiff’s release account for payment of the initial partial $350 filing fee. Plaintiff’s initial
partial filing fee is due by November 29, 2016.
Entered this 8th day of November, 2016.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge
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