Johnson v. Strasser

Filing 63

ORDER signed by Judge Lynn Adelman on 4/13/11 that plaintiff shall submit a petition and affidavit to proceed without prepayment of fees and/or costs, as well as a certified copy of his prison trust account statement for the six-month period immediat ely preceding the filing of his notice of appeal if he wishes to proceed in the appellate court. Failure to submit these documents on or before Monday, May 16, 2011, will result in the denial of plaintiffs motion for leave to appeal in forma pauperis. (cc: all counsel, via USPS to plaintiff w/enc., Warden-SCI, PLRA Attorney)(dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
STEVEN JOHNSON,
Plaintiff,
v.

Case No. 09-C-0222

STEVEN STRASSER,
Defendants

ORDER
Plaintiff, Steven Johnson, who is incarcerated at Stanley Correctional Institution, filed
a pro se complaint under 42 U.S.C. § 1983, alleging that his civil rights were violated. In an
Order dated December 10, 2010, I granted defendant’s motion for summary judgment and
dismissed this case. Judgment was entered the same day. I subsequently denied plaintiff’s
motion for reconsideration. Plaintiff has filed a notice of appeal, and this matter comes
before me now on plaintiff's motion for leave to appeal in forma pauperis.
However, plaintiff has not submitted to the court a petition and affidavit to proceed
without prepayment of fees and/or costs, or a certified copy of his prison trust account
statement for the six-month period immediately preceding the filing of his notice of appeal,
both of which are required under 28 U.S.C. § 1915(a)(2). Without these documents, the
court is unable to calculate plaintiff’s initial partial filing fee. See 28 U.S.C. § 1915(b)(1).
The appropriate forms and instructions will be included with this order. Therefore,
IT IS ORDERED that plaintiff shall submit a petition and affidavit to proceed without
prepayment of fees and/or costs, as well as a certified copy of his prison trust account
statement for the six-month period immediately preceding the filing of his notice of appeal

if he wishes to proceed in the appellate court. Failure to submit these documents on or
before Monday, May 16, 2011, will result in the denial of plaintiff’s motion for leave to appeal
in forma pauperis.
IT IS ALSO ORDERED that copies of this order be sent to the warden of the
institution where the plaintiff is confined, and to PLRA Attorney, United States Court of
Appeals for the Seventh Circuit, 219 S. Dearborn Street, Room 2722, Chicago, Illinois
60604.
Dated at Milwaukee, Wisconsin, this 13th day of April, 2011.
/s
LYNN ADELMAN
District Judge

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