Ammerman, Paul v. Singleton et al

Filing 54

ORDER denying plaintiff's 50 motion for access to release account. Signed by District Judge William M. Conley on 1/2/2019. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
PAUL D. AMMERMAN,
Plaintiff,

ORDER

v.
17-cv-193-wmc
DR. SINGLETON, et al.,
Defendants.
The court is in receipt of pro se plaintiff Paul Ammerman’s motion seeking leave of
court to use his release account funds “to pay for copies, postage, filing fees and service
fees related to this Case.” (Dkt. #50 at 1.) For the reasons that follow, Ammerman’s
motion will be denied.
The use of inmate release account funds is governed by state law: “Prior to release,
the department may authorize the disbursement of release account funds for purposes that
will aid the inmate’s reintegration into the community or that will reimburse the
department for incarceration costs, including legal loans and restitution.” Wis. Admin.
Code § DOC 309.466(2). There is no federal law that requires state officials to give
prisoners money from their release account to pay the costs of prosecuting a civil lawsuit,
such as postage and copying fees. The only circumstance permitting this court to order
use of release account funds is when a prisoner’s general account has insufficient funds to
pay an initial partial filing fee payment. See Artis v. Meisner, No. 12-cv-589-wmc, 2015 WL
5749785, at *5-6 (W.D. Wis. Sept. 30, 2015) (“Absent some authority requiring the prison
to disburse [plaintiff's] release account funds, the court declines to interfere in the
administration of Wisconsin state prisons . . . .” (emphasis in original)); Mosby v. Wommack,

No. 08-cv-677, 2009 WL 2488011 (W.D. Wis. Aug. 12, 2009) (“[W]ith the exception of
initial partial payments, [federal district courts] do not have the authority to tell state
officials whether and to what extent a prisoner should be able to withdraw money from his
release account.”).
In sum, this court lacks the authority to direct prison officials to release plaintiff’s
funds from his release account for use in this lawsuit or other litigation matters.

ORDER
IT IS ORDERED THAT plaintiff’s motion for access to release account (dkt. #50)
is DENIED.
Dated this 2nd day of January, 2019.
BY THE COURT:
/s/
__________________________________
WILLIAM M. CONLEY
District Judge

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