Mathews, Dion v. Cox et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DION MATHEWS,
Plaintiff,
v.
JOLINDA WATERMAN, et al.
Defendants.
ORDER
Case No. 20-cv-645-wmc
On November 7, 2025, the court entered an order assessing plaintiff an initial partial
payment of the $605 appellate filing fee, which plaintiff has paid. 	Now, plaintiff has filed a
motion for an order directing prison officials to pay the remainder of the filing fee from his
release account.
Under the Prison Litigation Reform Act, an inmate who files an appeal in federal court
under the in forma pauperis statute, 28 U.S.C. § 1915, must make an initial partial payment of
the filing fee under § 1915(b)(1), and then pay the remainder of the fee in monthly installments
under § 1915(b)(2). 	If a prisoner does not have sufficient funds to make the initial partial
payment, then he may withdraw funds from a release account. However, "nothing in the fee
collection provision of § 1915 can be read as requiring the state to allow a prisoner to pay off
the balance of a federal court filing fee from money . . . in [a] release account." Carter v. Bennett,
399 F. Supp. 2d 936, 937 (W.D. Wis. 2005). 	Accordingly, plaintiff’s motion to pay the
remainder of the appeal fee from a release account is denied.
Case: 3:20-cv-00645-wmc Document #: 100 Filed: 12/03/25 Page 1 of 2

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ORDER
IT IS ORDERED that plaintiff Dion Mathews’s motion for an order directing prison
officials to pay the remainder of the appeal fee for this case from plaintiff’s release account is
DENIED.
Entered this 3 rd day of December, 2025.
BY THE COURT:
/s/
WILLIAM M. CONLEY
United States District Judge
Case: 3:20-cv-00645-wmc Document #: 100 Filed: 12/03/25 Page 2 of 2