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

Filing 8

ORDER denying 7 Motion for Use of Release Account Funds. Signed by Magistrate Judge Peter A. Oppeneer on 3/2/2018. (jef),(ps)

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

ORDER

v.
Case No. 17-cv-854-wmc
MICHAEL DITTMAN, 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 November 9, 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.

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ORDER
IT IS ORDERED that plaintiff Damont’a D. Jones’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 2nd day of March, 2018.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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