Blake, Christopher v. Warner, Candice et al
Filing
17
ORDER denying 14 Motion for use of release account funds to pay remaining balance of filing fee. Signed by Magistrate Judge Peter A. Oppeneer on 10/30/2017. (nln),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
CHRISTOPHER A. BLAKE,
Plaintiff,
ORDER
v.
Case No. 17-cv-220-bbc
CANDACE WARNER et al.,
Defendants.
Plaintiff Christopher A. Blake has submitted a motion for an order directing prison
officials to pay the remainder of the filing fees from plaintiff’s release account. Dkt. 14. 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 March 28, 2017,
this court entered an order assessing plaintiff an initial partial payment of the filing fee for this
case, which plaintiff paid. Plaintiff has been making monthly installment payments since then.
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. I will
deny this motion.
1
ORDER
IT IS ORDERED that plaintiff Christopher A. Blake’s motion for an order directing
prison officials to pay the remainder of the filing fee in this case from plaintiff’s release account
is DENIED.
Entered this 30th day of October, 2017.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge
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