Dailey, Andre v. Hill, J. et al

Filing 32

ORDER denying 31 Motion for Use of Release Account Funds. Signed by Magistrate Judge Peter A. Oppeneer on 11/24/2020. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
ANDRE DAILEY,
Plaintiff,

ORDER

v.

Case No. 17-cv-577-bbc

J. HILL, et al.
Defendants.

Plaintiff has submitted a motion for an order directing prison officials to pay the
remainder of the filing fees from plaintiff’s release savings account. Under the Prison Litigation
Reform Act, an inmate who files a lawsuit or an appeal in federal court under the in forma
pauperis statute must pay the 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).
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.

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ORDER
IT IS ORDERED that plaintiff Andre Dailey’s motion for an order directing prison
officials to pay the remainder of the filing fee in this case from plaintiff’s release savings account
is DENIED.

Entered this 24th day of November, 2020.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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