Alexander, Robert et al v. Foster, Brian et al

Filing 23

ORDER that plaintiff Robert Alexander's request for the court to waive the initial partial payment in this case, dkt. 19 , is DENIED without prejudice. Plaintiff may have until 1/11/2018 to submit $8.94 initial partial payment. Signed by Magistrate Judge Peter A. Oppeneer on 12/20/2017. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
ROBERT EARL ALEXANDER,
Plaintiff,
v.
WARDEN BRIAN FOSTER, et al.,

ORDER
17-cv-861-jdp

Defendant.
On November 22, 2017, I entered an order directing plaintiff Robert Earl Alexander to
submit an initial partial payment of the filing fee in the amount of $8.94 due by December 14,
2017. On December 8, 2017, plaintiff filed a letter saying that he is unable to pay the $8.94
initial partial payment, which I will construe as a request to waive the initial partial payment.
Dkt. 19. Plaintiff’s request will be denied without prejudice.
In plaintiff’s letter, he indicates that he does not have sufficient funds in his prison
account to submit the initial partial payment. However, plaintiff has not provided the court
with documentation that shows the steps plaintiff has taken to request funds to pay the initial
partial from the institution’s business office nor has plaintiff provided the court with an
updated trust account statement that shows plaintiff no longer has funds available to submit
the $8.94 initial partial payment. Furthermore, according to the language of 28 U.S.C. §
1915(b)(1), prison officials are required 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). Therefore, if plaintiff does not have money in his regular account to pay
the initial partial payment, plaintiff is allowed to use funds from his release account to pay the
initial partial. I will give plaintiff an enlargement of time until January 11, 2018, to pay the
initial partial filing fee.

ORDER
IT IS ORDERED that:
1.

Plaintiff Robert Earl Alexander’s request for the court to waive the initial partial

payment in this case, dkt. 19, is DENIED without prejudice.
2.

Plaintiff may have an enlargement of time to January 11, 2018, in which to

submit a check or money order payable to the clerk of court in the amount of $8.94. If plaintiff
does not have funds available from his release account to make the initial partial payment,
plaintiff is allowed to use funds from his release account to pay the initial partial.
3.

If, by January 11, 2018, plaintiff fails to make the initial partial payment, or

show cause for failure to do so, plaintiff will be held to have withdrawn this action voluntarily
and the case will be closed without prejudice to plaintiff’s filing his case at a later date.
Entered this day 20th of December, 2017.

BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

2