Jackson, John v. Oneida County Jail (HSU)

Filing 5

ORDER on ifp request: Initial partial filing fee of $ 7.55 assessed. Initial partial filing fee due 4/23/2024. Signed by Magistrate Judge Andrew R. Wiseman on 3/26/2024. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JOHN JACKSON,
Plaintiff,
v.
ONEIDA COUNTY JAIL (HSU),

ORDER
Case No. 24-cv-155-jdp

Defendant.

Plaintiff John Jackson 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 $7.55. For this case to proceed, plaintiff must submit this amount on or before
April 23, 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 John Jackson is assessed an initial partial payment of $7.55. Plaintiff

must submit a check or money order payable to the clerk of court by April 23, 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 April 23, 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 26th day of March, 2024.
BY THE COURT:

/s/
ANDREW R. WISEMAN
United States Magistrate Judge

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