Sellers, Kendrick v. Schultz et al
ORDER on ifp request: Trust Fund Account Statement due 2/26/2024. Plaintiff's 6 Motion for Use of Release Account Funds is denied. Signed by Magistrate Judge Andrew R. Wiseman on 2/5/2024. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
KENDRICK DANE SELLERS,
Case No. 24-cv-81-wmc
SCHULTZ, et al.,
Plaintiff Kendrick Dane Sellers has filed a proposed civil complaint and has requested
leave to proceed without prepaying the filing fee. To evaluate plaintiff’s request to proceed
without prepayment, I must review a certified copy of plaintiff’s inmate trust fund account
statement (or institutional equivalent) for the six-month period immediately preceding the
filing of the complaint. 28 U.S.C. § 1915(a)(2).
For this case to proceed, plaintiff must submit a certified trust fund account statement
no later than February 26, 2024. If I find that plaintiff is indigent, I will calculate an initial
partial payment of the filing fee that plaintiff must pay before the court can screen the
complaint on the merits under 28 U.S.C. § 1915(e)(2). Thereafter, plaintiff will be required
to pay the balance of the filing fee in installments.
Plaintiff also requests an order to use release account funds to pay for copies of the
account statement. 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. Plaintiff cannot use the release account funds to pay the cost
of copies, and so plaintiff’s motion will be denied.
IT IS ORDERED that:
1. Plaintiff Kendrick Dane Sellers’s request for use of his release account funds to pay
for copies in this case (Dkt. #6) is DENIED.
Plaintiff may have until February 26, 2024 to submit a certified trust fund account
statement for the period beginning approximately August 6, 2023 and ending
approximately February 5, 2024.
If plaintiff fails to respond to this order by
February 26, 2024, then I will assume that plaintiff wishes to withdraw this action
voluntarily. In that event, the case will be dismissed without prejudice to plaintiff
refiling at a later date.
Entered this 5h day of February, 2024.
BY THE COURT:
ANDREW R. WISEMAN
United States Magistrate Judge
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