United States District Court, W.D. Wisconsin
OPPENEER MAGISTRATE JUDGE.
Markus Evans has filed a proposed civil complaint, but has
neither paid the filing fee nor requested leave to proceed
without prepayment. Instead, plaintiff has submitted a motion
to pay the filing fee from his release account funds.
Plaintiff's motion will be denied.
is no federal law permitting this court to require state
officials to submit the entire filing fee or other litigation
costs by accessing a prisoner's release account funds. It
is only when a prisoner's general account has
insufficient funds to pay an initial partial filing fee
payment that the Prisoner Litigation Reform Act
(“PLRA”) permits this court to order an
institution to access a prisoner's release account funds
to satisfy that payment. See Carter v. Bennett, 399
F.Supp.2d 936, 936-37 (W.D. Wis. 2005). Therefore, if
plaintiff wishes to proceed with this lawsuit, he must either
pay the $400 filing fee or submit a properly supported motion
for leave to proceed without prepayment of the filing fee no
later than March 28, 2017.
motion for leave to proceed without prepayment of the filing
fee must be accompanied by a certified copy of
plaintiff's inmate trust fund account statement (or
institutional equivalent) for the six-month period
immediately preceding the date of the complaint. 28 U.S.C.
§ 1915(a)(2). If I find that plaintiff is indigent, I
will calculate an initial partial payment amount that must be
paid before the court can screen the merits of the complaint
under 28 U.S.C. § 1915(e)(2). Thereafter, plaintiff will
be required to pay the balance of the filing fee in
ORDERED that plaintiff Markus Evans may have until March 28,
2017 to submit the $400 filing fee or a motion for leave to
proceed without prepayment and a trust fund account statement
for the period beginning approximately July 30, 2016 and
ending approximately January 30, 2017. If, by March 28, 2017,
plaintiff fails to respond to this order, I will assume that
plaintiff wishes to withdraw this action voluntarily. In that
event, the case will be closed without prejudice to plaintiff
filing the case at a later date.
REQUEST TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING
THE FULL FILING FEE
the following questions to the best of your ability.
If you do not tell the truth, the court may dismiss your
(a) State the place of your incarceration and provide your
prisoner identification number: