Cory Prescott v. Tracy L. Thompson

Prescott · United States District Court for the Eastern District of Wisconsin · April 10, 2026 · No. 26-CV-8-JPS

Summary

The United States District Court for the Eastern District of Wisconsin grants Cory Prescott’s motions to use funds from his prisoner release account to pay the $26.09 initial partial filing fee. The court limits use of the release account to that fee, sets a May 1, 2026 payment deadline, and warns that nonpayment may result in dismissal without prejudice.

Holdings

  1. The court has authority to order disbursement of a prisoner's release-account funds for payment of an initial partial filing fee.
  2. The court lacks statutory or other authority to permit a prisoner to use release-account funds to pay the remainder of the filing fee or other current or future litigation costs.

Questions Presented

  1. Whether the court may authorize a prisoner to use funds in a release account to pay an initial partial filing fee.
  2. Whether the court may authorize a prisoner to use release-account funds to pay the remainder of the filing fee or other litigation costs.

Disposition

other

Cases Cited (4)

  • Doty v. Doyle, 182 F. Supp. 2d 750, 751 (E.D. Wis. 2002)(followed)
  • Wilson v. Anderson, No. 14-CV-0798, 2014 WL 3671878, at *3 (E.D. Wis. July 23, 2014)(analogized)
  • Lindell v. McCallum, 352 F.3d 1107, 1111 (7th Cir. 2003)(followed)
  • Williams v. Berge, No. 02-CV-10, 2002 WL 32350026, at *8 (W.D. Wis. Apr. 30, 2002)(followed)

Cited In (0)

No citing cases on record yet.

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