IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN

ANDRE DAILEY,

Plaintiff, ORDER v. Case No. 17-cv-577-bbc J. HILL, et al.

Defendants.

Plaintiff has submitted a motion for an order directing prison officials to pay the remainder of the filing fees from plaintiff’s release savings account. Under the Prison Litigation Reform Act, an inmate who files a lawsuit or an appeal in federal court under the in forma pauperis statute must pay the filing fee, first by making an initial partial payment and then by sending the remainder of the fee to the court in installments of 20% of the preceding month’s income, in accordance with

(b)(2). The language of

(b)(1) requires prison officials to use a prisoner’s release account to satisfy an initial partial payment if no other funds are available. Carter v. Bennett,

(W.D. Wis. 2005). However, with the exception of such initial partial payments, this court does not have the authority to tell state officials whether, and to what extent, a prisoner should be able to withdraw money from a release account. I will deny this motion. ORDER IT IS ORDERED that plaintiff Andre Dailey’s motion for an order directing prison officials to pay the remainder of the filing fee in this case from plaintiff’s release savings account is DENIED.

Entered this 24th day of November, 2020.

BY THE COURT:

/s/ PETER OPPENEER Magistrate Judge