Vogelsberg, Jeffrey v. Kim, Young et al

Filing 193

ORDER on ifp request: Trust Fund Account Statement due 10/28/2020. Signed by Magistrate Judge Peter A. Oppeneer on 10/7/2020. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JEFFREY VOGELSBERG,
Plaintiff,

ORDER

v.

17-cv-596-jdp

YOUNG KIM, et al.
Defendants.

Plaintiff Jeffrey Vogelsberg has filed a notice of appeal in this case. To date, however,
plaintiff has not paid the appellate filing fee. Although plaintiff has filed a motion for leave to
proceed without payment of the appellate filing fee, plaintiff neglected to include a certified
trust fund account statement (or institutional equivalent) as required by the federal in forma
pauperis statute, 28 U.S.C. § 1915(a)(2). Accordingly, the court cannot consider plaintiff’s
motion at this time.
Plaintiff has also filed a motion to use release account funds to pay the entire fee for
filing this appeal. However, with the exception of initial partial payments, federal courts lack
the authority to tell state officials whether and to what extent a prisoner should be able to
withdraw money from a release account. Plaintiff cannot use release account funds to pay the
entire balance of the appellate filing fee, and so plaintiff’s motion will be denied.

ORDER
IT IS ORDERED that plaintiff Jeffrey Vogelsberg may have until October 28, 2020 to
either (1) pay the $505 appellate docketing fee; or (2) submit a certified trust fund account

statement for the six-month period preceding the filing of the appeal in compliance with 28
U.S.C. § 1915(a)(2). Failure to comply as directed may result in the dismissal of this appeal.
Entered this 6th day of October, 2020.

BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge