Jones, Damont'a et al v. Dittmann, Michael et al

Filing 11

ORDER denying 9 renewed Motion for Use of Release Account Funds Signed by Magistrate Judge Peter A. Oppeneer on 11/30/2018. (rks),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DAMONT’A JONES,
Plaintiff,

ORDER

v.
Case No. 17-cv-854-wmc
MICHAEL DITTMANN ET AL,
Respondents.

Plaintiff has submitted a renewed motion to use his release account funds because he
says he has insufficient funds in his general account. 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.
ORDER
IT IS ORDERED that plaintiff Damont’a Jones’s renewed 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 30th day of November, 2018.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge
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