Vine, Christopher v. Johnson, Zayne

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN CHRISTOPHER BLAIR VINE, Plaintiff, ORDER v. Case No. 23-cv-00860-jdp ZAYNE JOHNSON, et al. Defendants. On December 15, 2023, I entered an order assessing plaintiff an initial partial payment of the $350 filing fee for this case, which plaintiff has paid. Plaintiff has been making monthly installment payments since then. Now plaintiff has filed a motion for an order directing prison officials to pay the remainder of the filing fee from plaintiff’s release account. Under the Prison Litigation Reform Act, an inmate who files a lawsuit in federal court under the in forma pauperis statute, 28 U.S.C. § 1915, must pay the $350 filing fee, first by making an initial partial payment under § 1915(b)(1), and then by paying the remainder of the filing fee in monthly installments under § 1915(b)(2). If a prisoner does not have sufficient

funds in a regular inmate account to make the initial partial payment, then the prisoner may withdraw funds from a release account for that purpose. However, prison officials will draw funds first from the prisoner’s regular account, and then, if any portion of the initial partial payment remains, from the prisoner’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. Accordingly, plaintiff’s motion to pay the remainder of the filing fee from a release account is denied. ORDER IT IS ORDERED that plaintiff Christopher Blair Vine’s motion for an order directing prison officials to pay the remainder of the filing fee for this case from plaintiff’s release account is DENIED.

Entered this 25th day of January, 2024.

BY THE COURT:

/s/ ANDREW R. WISEMAN United States Magistrate Judge