Schilling, Ron v. Kelley, William et al

Filing 9

ORDER that plaintiff Ron Schilling's motion for use of release account funds to pay full $402 filing fee, dkt. 5 is DENIED. Plaintiff may have until 6/12/23 to either submit $402 filing fee or IFP motion along with Trust Fund Account Statement. Signed by Magistrate Judge Andrew R. Wiseman on 5/22/2023. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
RON SCHILLING,
Plaintiff,

ORDER

v.
Case No. 23-cv-331-wmc
WILLIAM KELLEY, M.D., ET AL.,
Defendants.

Plaintiff Ron Schilling, a prisoner in the custody of the Wisconsin Department of
Corrections, has submitted a proposed civil action under 42 U.S.C. § 1983. Plaintiff has also
filed a motion to use release account funds to pay the entire fee for filing this case. Dkt. 5.
However, with the exception of initial partial payments, federal courts lack the authority to
tell state officials whether and to what extent a prisoner should be able to withdraw money
from a release account. Therefore, plaintiff cannot use the release account funds to pay the
entire balance of the $402 filing fee.
For this case to proceed, plaintiff must pay the $402 filing fee1 or submit a properly
supported motion for leave to proceed without prepayment of the filing fee no later than
June 12, 2023.
A motion for leave to proceed without prepayment of the filing fee must be
accompanied by a certified copy of plaintiff’s inmate trust fund account statement (or
institutional equivalent) for the six-month period immediately preceding the date of the
complaint. 28 U.S.C. § 1915(a)(2). If I find that plaintiff is indigent, I will calculate an
initial partial payment amount that must be paid before the court can screen the merits of

Effective December 1, 2020, the total fee for filing a civil action is $402 (the $350 statutory fee plus
the $52 miscellaneous administrative fee).
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the complaint under 28 U.S.C. § 1915(e)(2). Thereafter, plaintiff will be required to pay the
balance of the filing fee in installments.

ORDER
IT IS ORDERED that,
1.

Plaintiff Ron Schilling’s motion for use of release account funds to pay the

entire filing fee in this case is DENIED.
2.

Plaintiff may have until June 12, 2023 to submit either the $402 filing fee or a

motion for leave to proceed without prepayment and a trust fund account statement for the
period beginning approximately November 17, 2022 and ending approximately May 17,
2023.
3.

If, by June 12, 2023, plaintiff fails to respond to this order, I will assume that

plaintiff wishes to withdraw this action voluntarily. In that event, the case will be closed
without prejudice to plaintiff filing the case at a later date.

Entered this 22nd day of May, 2023.
BY THE COURT:

/s/
ANDREW R. WISEMAN
United States Magistrate Judge

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