Kimble, Bobby et al v. Kartman et al

Filing 5

ORDER on ifp request: Trust Fund Account Statement due 9/29/2017. Plaintiff's 3 motion for use of release account to pay the entire filing fee is DENIED. Signed by Magistrate Judge Peter A. Oppeneer on 9/7/2017. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
BOBBY KIMBLE,
Plaintiff,

ORDER

v.
Case No. 17-cv-689-wmc
KARTMAN, et al.
Defendants.

Plaintiff Bobby Kimble has filed a proposed civil complaint and requested leave to
proceed without prepaying the filing fee.

To evaluate plaintiff’s request to proceed with

prepayment of the filing fee, I must review a certified copy of plaintiff’s inmate trust fund
account statement (or institutional equivalent) for the six-month period immediately
preceding the filing of the complaint. 28 U.S.C. § 1915(a)(2).
For this case to proceed, plaintiff must submit the certified trust fund account
statement no later than September 29, 2017. If I find that plaintiff is indigent, I will
calculate an initial partial payment amount that must be paid before the court can screen the
merits of the complaint under 28 U.S.C. § 1915(e)(2). Thereafter, plaintiff will be required
to pay the balance of the filing fee in installments.
With the complaint, plaintiff also filed a motion to use release account funds to pay
the entire fee for filing this case. (Dkt. #3). 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 the
release account funds to pay the entire balance of the filing fee, and so plaintiff’s motion will
be denied.

IT IS ORDERED that,
1.

Plaintiff Bobby Kimble may have until September 29, 2017 to submit a trust
fund account statement for the period beginning approximately March 6, 2017
and ending approximately September 6, 2017.

If, by September 29, 2017,

plaintiff fails to respond to this order, I will assume that plaintiff wishes to
withdraw this action voluntarily. In that event, the case will be closed without
prejudice to plaintiff filing the case at a later date.
2.

Plaintiff’s motion for use of release account funds to pay the entire filing fee in
this case (Dkt. #3) is DENIED.

Entered this 7th day of September, 2017.
BY THE COURT:

PETER OPPENEER
Magistrate Judge