Houston, Kevon v. Brown, Nicole et al

Filing 6

ORDER on ifp request: Initial partial filing fee of $ 315.88 assessed. (Initial partial filing fee due 4/24/2024). Plaintiff's #3 Motion for Use of Release Account Funds to pay the Initial Partial Filing Fee is GRANTED. Signed by Magistrate Judge Andrew R. Wiseman on 3/27/2024. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
KEVON E. HOUSTON,
Plaintiff,

ORDER

v.
Case No. 24-cv-112-wmc
NICOLE BROWN and LISA PAYNE,
Defendants.

Plaintiff Kevon E. Houston has submitted a certified inmate trust fund account
statement for the six-month period preceding the complaint in support of a motion to proceed
without prepaying the filing fee. The court must now determine whether plaintiff qualifies for
indigent status and, if so, calculate an initial partial payment of the filing fee.
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 for the relevant
time period from plaintiff’s trust fund account statement, I calculate plaintiff’s initial partial
payment to be $315.88. For this case to proceed, plaintiff must submit this amount on or
before April 24, 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 Kevon E. Houston is assessed an initial partial payment of

$315.88. Plaintiff must submit a check or money order payable to the clerk of court by
April 24, 2024 or advise the court in writing why plaintiff is not able to make the initial
partial payment.
2.

Plaintiff’s motion to use release accounts funds to pay the initial partial

filing fee, (Dkt. #3) is GRANTED. If plaintiff does not have enough money to make
the initial partial payment from plaintiff’s regular account, plaintiff should arrange with
authorities to pay the remainder from plaintiff’s release account.
3.

If plaintiff fails to make the initial partial payment by April 24, 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.
4.

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 27th day of March, 2024.
BY THE COURT:

/s/
ANDREW R. WISEMAN
United States Magistrate Judge
2