Hunley, Johnny v. Parr, Nicole et al

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

JOHNNY RAY HUNLEY, JR.,

Plaintiff,
v.

NICOLE PARR, et al.

Defendants.

ORDER

Case No. 24-cv-22-wmc

Plaintiff Johnny Ray Hunley, Jr., a prisoner in the custody of the Wisconsin Department
of Corrections, has submitted a proposed civil action under 42 U.S.C. § 1983. Plaintiff has
filed a certified copy of a trust fund account statement in support of a motion for leave to
proceed without prepaying the filing fee. After considering the motion and supporting
documentation, I conclude that plaintiff qualifies for indigent status.
Even when a prisoner litigant qualifies for indigent status, the litigant must pay a
portion of the filing fee pursuant to 28 U.S.C. § 1915(b)(1). Using information from plaintiff’s
trust fund account statement for the six-month period preceding the complaint, I calculate
plaintiff’s initial partial payment to be $1.90. For this case to proceed, plaintiff must submit
this amount on or before February 15, 2024.
If plaintiff does not have enough money to make the initial partial payment from a
regular inmate account, then plaintiff should arrange with prison authorities to make the
payment from a release account. However, prison officials will draw funds first from the
plaintiff’s regular account, and then, if any portion of the payment remains, from the plaintiff’s
release account. Carter v. Bennett, 399 F. Supp. 2d 936 (W.D. Wis. 2005). Federal courts have
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no authority to order state officials to allow a prisoner to withdraw funds from a release account
for any other purpose. Id.
ORDER
IT IS ORDERED that:
1. Plaintiff Johnny Ray Hunley, Jr. is assessed an initial partial payment of $1.90.
Plaintiff must submit a check or money order payable to the clerk of court by February 15,
2024 or advise the court in writing why plaintiff is not able to make the initial partial payment.
2. If plaintiff fails to make the initial partial payment by February 15, 2024, or fails
to show cause why the payment could not be made, then I will assume that plaintiff wishes to
withdraw this action voluntarily. In that event, the case will be dismissed without prejudice to
plaintiff refiling at a later date.
3. No further action will be taken in this case until the clerk’s office receives the
initial partial payment as directed above and the court has screened the complaint as required
by the Prison Litigation Reform Act , 28 U.S.C. § 1915(e)(2). Once the screening process is
complete, the court will issue a separate order.

Entered this 17
th
day of January 2024.

BY THE COURT:

/s/

ANDREW R. WISEMAN
United States Magistrate Judge

Case: 3:24-cv-00022-wmc Document #: 4 Filed: 01/17/24 Page 2 of 2