Ards, Tyrone et al v. Karder, Elizabeth et al

Filing 9

ORDER granting 8 Motion for Use of Release Account Funds. Plaintiff is to submit a check or money order made payable to the clerk of court in the amount of $0.32 or advise the court in writing why plaintiff is not able to pay on or before January 3, 2018. Signed by Magistrate Judge Peter A. Oppeneer on 12/15/2017. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
TYRONE D. ARDS,
Plaintiff,

ORDER

v.
Case No. 17-cv-920-jdp
ELIZABETH KARDER, et al.,
Defendants.

On December 12, 2017, I assessed plaintiff Tyrone D. Ards an initial partial payment
of $0.32 due by January 3, 2018.

Now plaintiff has submitted a motion to use release

account funds to pay the $0.32 initial partial filing fee. Dkt. #8. I will grant plaintiff’s
motion.
Pursuant to 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 sufficient funds do
not exist in plaintiff’s regular account to pay his initial partial payment, he can use his release
account to pay the initial partial payment balance.

ORDER
IT IS ORDERED that:
1.

Plaintiff Tyrone D. Ards’ motion to use his release account funds to pay the

$0.32 initial partial filing fee is GRANTED. Plaintiff is to submit a check or money order
made payable to the clerk of court in the amount of $0.32 or advise the court in writing why
plaintiff is not able to pay on or before January 3, 2018.

2.

If by January 3, 2018, plaintiff fails to pay the $0.32 initial partial filing fee 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show cause for failure to do so, plaintiff will be held to have withdrawn this action voluntarily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 filing this case at a later date.

Entered this 15th day of December, 2017.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge