Opinion
23-cv-43-wmc
02-03-2023
JEFF POFF, Plaintiff, v. CPT. HULCE, et al. Defendants.
ORDER
STEPHEN L. CROCKER MAGISTRATE JUDGE
On January 30, 2023, I assessed plaintiff Jeff Poff an initial partial payment of $0.80 due by February 21, 2023. Now plaintiff has submitted a letter, which I construe as a motion for an order requiring disbursement of $0.80 from plaintiff's release account to make the initial partial payment of the filing fee. Plaintiff's general trust fund account lacks sufficient funds, and plaintiff seeks an order requiring disbursement of $0.80 from plaintiff's release account.
Pursuant to 28 U.S.C. § 1915(b)(1), prison officials are required to use a prisoner's release account to satisfy an initial partial payment if no other funds are available. Carter v. Bennett, 399 F.Supp.2d 936, 936-37 (W.D. Wis. 2005).
ORDER
IT IS ORDERED that prison officials are directed to disburse $0.80 from plaintiff's release account for payment of the initial partial filing fee. Plaintiff's initial partial filing fee is due by March 3, 2023.