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

Filing 177

ORDER denying 175 motion for use of release account funds to pay the remainder of the appeal filing fee. Signed by Magistrate Judge Peter A. Oppeneer on 5/06/2020. (nln),(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, this court entered an order assessing plaintiff Jose Soto an initial
partial filing fee for filing an appeal in this case, which plaintiff has paid. Now, plaintiff has
submitted a motion to use his release account funds to pay the remainder of the appeal filing
fee. Dkt. 175. This court is bound by the provisions of the Prison Litigation Reform Act. Under
that Act, an inmate who files a lawsuit or an appeal in federal court under the in forma pauperis
statute must pay the statutory 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).
Furthermore, 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. Accordingly, I will deny plaintiff’s motion.

ORDER
IT IS ORDERED that plaintiff Jose Soto’s motion to use his release account funds to
pay the remainder of the appeal filing fee, dkt. #175, is DENIED.

Entered this 6th day of May, 2020.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge

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