Davis, James et al v. Gripentrog et al
Filing
7
ORDER denying 6 Motion for Use of Release Account Funds to Pay Remaining Filing Fee. Signed by Magistrate Judge Peter A. Oppeneer on 3/21/2018. (nln),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JAMES JERMAINE DAVIS,
Plaintiff,
ORDER
v.
Case No. 18-cv-91-wmc
CORRECTIONAL OFFICER GRIPENTROG
and SERGEANT STEINERT,
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 February 12, 2018, 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 James Jermaine Davis’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 21st day of March, 2018.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge
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