Flakes, Joel v. Litscher, Jon et al

Filing 10

ORDER denying 9 Motion for Use of Release Account Funds to pay the entire filing fee. Initial partial filing fee due 2/10/2017. Signed by Magistrate Judge Peter A. Oppeneer on 1/20/2017. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JOEL SCOTT FLAKES,
Plaintiff,

ORDER

v.
Case No. 16-cv-836-slc
JON E. LITSCHER, et al.
Defendants.

On December 27, 2016, this court entered an order directing plaintiff Joel Scott
Flakes to submit by January 19, 2017 an initial partial payment of the filing fee in the
amount of $107.28. Now plaintiff has filed a letter, which I construe as a motion to use
release account funds to pay the entire fee for filing this case. However, with the exception of
initial partial payments, federal courts lack the authority to tell state officials whether and to
what extent a prisoner should be able to withdraw money from a release account. Therefore,
plaintiff cannot use the release account funds to pay the entire balance of the $350.00 filing
fee.
The only amount plaintiff must pay at this time is the $107.28 initial partial
payment. Before officials take any portion of that amount from plaintiff’s release account,
they may first take from plaintiff’s regular account whatever amount up to the full amount
plaintiff owes.
Since the court has not yet received plaintiff’s $107.28 initial partial payment and the
deadline was January 19, 2017, the court will provide plaintiff with an enlargement of time
until February 10, 2017 to pay the initial partial payment.

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ORDER
IT IS ORDERED that,
1.

Plaintiff Joel Scott Flakes’s motion for use of release account funds to pay the

entire filing fee in this case is DENIED.
2.

Plaintiff may have until February 10, 2017, to submit a check or money order

made payable to the clerk of court in the amount of $107.28

Before officials take any

portion of that amount from plaintiff’s release account, they may first take from plaintiff’s
regular account whatever amount up to the full amount plaintiff owes.
3.

If by February 10, 2017, plaintiff fails to make the initial partial payment or

show cause for failure to do so, plaintiff will be held to have withdrawn this action voluntarily
and the case will be closed without prejudice to plaintiff filing at a later date.

Entered this 20th day of January, 2017.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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