In re: Myron Edwards

Filing 28

ORDER denying 27 Motion for Use of Release Account Funds. Signed by Magistrate Judge Peter A. Oppeneer on 02/15/2019. (rks),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
MYRON ELCARLO EDWARDS,
Appellant,

ORDER

v.
Case No. 17-cv-917-jdp
WISCONSIN DEPARTMENT OF
CORRECTIONS,
Appellee.

Appellant 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 December 7, 2017, this court entered an order
assessing plaintiff an initial partial payment of the filing fee for this case, which plaintiff has
paid. Plaintiff has been making monthly installment payments since then.
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 Myron Elcarlo Edwards’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 15th day of February, 2019.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge

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