Soto, Jose et al v. White, Nancy et al

Filing 172

ORDER that prison officials are directed to disburse $16.51 from plaintiff's release account for payment of the initial partial appeal filing fee by April 6, 2020. Signed by Magistrate Judge Peter A. Oppeneer on 03/16/2020. (aom),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JOSE SOTO,
Plaintiff,

ORDER

NANCY WHITE, et al

Case No. 17-cv-551-jdp
Appeal No. 19-3135

v.

Defendants.

On March 4, 2020, the court assessed plaintiff Jose Soto an initial partial payment of
$16.51 of the appeal filing fee due by March 26, 2020. Now plaintiff has submitted a motion
for an order requiring disbursement of $16.51 from plaintiff’s release account to make the
initial partial payment of the filing fee.
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
IT IS ORDERED that prison officials are directed to disburse $16.51 from plaintiff’s
release account for payment of the initial partial filing fee. Plaintiff’s initial partial filing fee is
due by April 6, 2020.

Entered this 16th day of March, 2016.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge