Metzner, Tyler v. Pitzen et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
_____________________________________________________________________________________________________________________
TYLER METZNER,
Plaintiff, 	ORDER
v. 	26-cv-101-wmc
LT. HILL, et al.,
Defendant.
_________________________________________________________________________________
Plaintiff Tyler Metzner, a prisoner in the custody of the Wisconsin Department of
Corrections, moves this court to use release account funds to pay the $405 filing fee for
commencing this action. (Dkt. #6.) This court will grant plaintiff’s motion. See, e.g., Doty
v. Doyle, 182 F.Supp.2d 750, 751 (E.D. Wis. 2002) (noting that “both the Wisconsin
Prison Litigation Reform Act and the federal Prison Litigation Reform Act authorize the
courts to order that a prisoner’s release account be made available [to pay the filing fee]”)
(cleaned up). 	If plaintiff does not have sufficient funds in his regular inmate account to
make the fee payment, as he describes, then plaintiff should arrange with prison officials
to make the payment from his release account. Prison officials will draw funds first from
plaintiff's regular account and any portion of the fee payment remaining from plaintiff's
release account. Carter v. Bennett, 399 F. Supp. 2d 936, 937 (W.D. Wis. 2005).
IT IS ORDERED THAT:
1. 	Plaintiff Tyler Metzner’s motion to use release account funds to pay the $405 filing
fee (Dkt. #8) is GRANTED.
Case: 3:26-cv-00101-wmc Document #: 9 Filed: 03/19/26 Page 1 of 2

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2. 	Plaintiff must pay the $405 fee no later than April 16, 2026. If plaintiff fails to do
so, plaintiff will be held to have withdrawn this action voluntarily and the case will
be closed without prejudice. If plaintiff submits the payment within 30 days of
dismissal, then his case will be reopened, and his complaint will be screened under
28 U.S.C. § 1915(e)(2). The court will not reopen the case after 30 days unless
plaintiff shows he is entitled to relief under Fed. R. Civ. P. 60(b).
Entered this 19th day of March, 2026.
BY THE COURT:
/s/
__________________________________________
WILLIAM M. CONLEY
District Judge
Case: 3:26-cv-00101-wmc Document #: 9 Filed: 03/19/26 Page 2 of 2