Nash, Eric v. Walch, Ed et al
ORDER denying #7 Motion for Use of Release Account Funds. Signed by Magistrate Judge Peter A. Oppeneer on 2/16/2021. (lam),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
ERIC G. NASH,
Case No. 20-cv-1134-bbc
ED WALCH, et al,
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 January 11, 2021, 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.
IT IS ORDERED that plaintiff Eric G. Nash’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
Entered this 16th day of February, 2021.
BY THE COURT:
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