Petty, Daniel v. Mayson et al

Filing 4

ORDER on ifp request: Initial partial filing fee of $ 2.65 assessed. Initial partial filing fee due 2/27/2024. 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
DANIEL RHYMES PETTY,
Plaintiff,
v.
SGT. MAYSON, et al.

ORDER
Case No. 24-cv-83-wmc

Defendants.

Plaintiff Daniel Rhymes Petty, 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
filed a certified copy of a trust fund account statement in support of a motion for leave to
proceed without prepaying the filing fee.

After considering the motion and supporting

documentation, I conclude that plaintiff qualifies for indigent status.
Even when a prisoner litigant qualifies for indigent status, the litigant must pay a
portion of the filing fee pursuant to 28 U.S.C. § 1915(b)(1). Using information from plaintiff’s
trust fund account statement for the six-month period preceding the complaint, I calculate
plaintiff’s initial partial payment to be $2.65. For this case to proceed, plaintiff must submit
this amount on or before February 27, 2024.
If plaintiff does not have enough money to make the initial partial payment from a
regular inmate account, then plaintiff should arrange with prison authorities to make the
payment from a release account. However, prison officials will draw funds first from the
plaintiff’s regular account, and then, if any portion of the payment remains, from the plaintiff’s
release account. Carter v. Bennett, 399 F. Supp. 2d 936 (W.D. Wis. 2005). Federal courts have

no authority to order state officials to allow a prisoner to withdraw funds from a release account
for any other purpose. Id.
ORDER
IT IS ORDERED that:
1.

Plaintiff Daniel Rhymes Petty is assessed an initial partial payment of $2.65.

Plaintiff must submit a check or money order payable to the clerk of court by February 27,
2024 or advise the court in writing why plaintiff is not able to make the initial partial payment.
2.

If plaintiff fails to make the initial partial payment by February 27, 2024, or fails

to show cause why the payment could not be made, 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.
3.

No further action will be taken in this case until the clerk’s office receives the

initial partial payment as directed above and the court has screened the complaint as required
by the Prison Litigation Reform Act, 28 U.S.C. § 1915(e)(2). Once the screening process is
complete, the court will issue a separate order.

Entered this 5th day of February, 2024.
BY THE COURT:

/s/
ANDREW R. WISEMAN
United States Magistrate Judge

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