Summary
This United States District Court order addresses a pro se prisoner plaintiff's motions requesting an extension of time and permission to use his prison release account to pay an initial partial filing fee. The court grants the request solely for the $2.15 filing fee, citing statutory authority under the Prison Litigation Reform Act, but declines to allow access to the release account for future litigation costs. The court sets a payment deadline of June 26, 2025, warning that failure to comply may result in dismissal of the case without prejudice.
Topics
Practice areas
Questions Presented
- Whether the court has authority to order a prisoner to pay an IPFF from his release account.
- Whether the court has authority to order a prisoner to use his release account for other litigation costs.
Holdings
- The court has the authority to order disbursements from a prisoner’s release account for payment of an IPFF.
- The court lacks statutory or other authority to order that a prisoner may tap his release account to pay current or future litigation costs.
Key quotations
“This Court has the authority to order disbursements from a prisoner’s release account for payment of an IPFF. See, e.g., Doty v. Doyle, 182 F. Supp. 2d 750, 751 (E.D. Wis. 2002) (noting that “both the Wisconsin Prison Litigation Reform Act…and the federal Prison Litigation Reform Act [(“PLRA”)]…authorize the courts to order that…a prisoner’s release account be made available [to pay an IPFF]”).”
“While the Court would not permit Plaintiff to access his release account for the entirety of his filing fee, or other litigation costs, it will grant Plaintiff permission to use funds from that account solely for the purpose of paying the IPFF.”
Factual background
The plaintiff, a prisoner, filed a pro se complaint and was required to pay an IPFF of $2.15. He sought to pay that fee from his prison release account and requested an extension of time to do so.
Procedural history
Plaintiff, a prisoner proceeding pro se, filed a complaint and was ordered to pay an initial partial filing fee (IPFF) of $2.15. The plaintiff subsequently moved for an extension of time and to use his release account to pay the IPFF; the court granted both motions.