Alexander, Stephen et al v. Meli, Toni et al

Filing 11

ORDER denying 10 Motion for Use of Release Account Funds. Signed by Magistrate Judge Peter A. Oppeneer on 8/29/2017. (jef),(ps)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN STEPHEN E. ALEXANDER, Plaintiff, ORDER v. Case No. 17-cv-585-jdp TONI MELI, 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 account. 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 July 28, 2017, this court entered an order assessing plaintiff an initial partial payment of the filing fee for this case, which plaintiff has paid. 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 Stephen E. Alexander’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 29th day of August, 2017. BY THE COURT: /s/ PETER OPPENEER Magistrate Judge 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?