Clapp, David v. Morales, Amy et al

Filing 8

ORDER denying 7 motion for use of release account funds to pay remaining balance of filing fee in this case. Signed by Magistrate Judge Peter A. Oppeneer on 7/14/2017. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DAVID SCOTT CLAPP,
Plaintiff,

ORDER

v.
Case No. 17-cv-443-wmc
AMY MORALES, et al.,
Defendants.

On June 8, 2017, this court entered an order assessing plaintiff an initial partial
payment of the filing fee for this case, which plaintiff has paid. Now plaintiff has submitted a
motion for an order directing prison officials to pay the remainder of the filing fees from
plaintiff’s release account.
There is no federal law permitting this court to require state officials to submit the entire
filing fee by accessing a prisoner’s release account funds. It is only when a prisoner’s general
account has insufficient funds to pay an initial partial filing fee payment that the Prisoner
Litigation Reform Act (“PLRA”) permits this court to order an institution to access a prisoner’s
release account funds to satisfy that payment. See Carter v. Bennett, 399 F. Supp. 2d 936, 93637 (W.D. Wis. 2005). Furthermore, 28 U.S.C. § 1915 dictates the manner in which prisoner
filing fees are to be paid and collected. If a prisoner requests leave to proceed in forma pauperis,
the prisoner must first pay an initial partial payment of the filing fee and then send 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). The court has no authority to modify the statute’s
requirements and collect the full filing free from plaintiff’s release account. Accordingly, I will
deny plaintiff’s motion.

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ORDER
IT IS ORDERED that plaintiff David Scott Clapp’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 14th day of July, 2017.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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