Bergeron Davila v. Teeling et al
Filing
7
ORDER signed by Judge J.P. Stadtmueller on 4/6/2017 ORDERING plaintiff to submit a certified copy of his prison trust account statement by 4/14/2017. If plaintiff fails to do so, then he must pay the full $400 filing fee by 4/21/2017 or this action will be dismissed without prejudice. (cc: all counsel, via mail to Raymond J. Bergeron Davila at Columbia Correctional Institution)(jm)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
RAYMOND J. BERGERON DAVILA,
Plaintiff,
v.
Case No. 17-CV-337-JPS
BARBARA A. TEELING, BRAD
FRIEND, MELISSA MORAN,
ANTHONY LACOMBE, FAYE
FLANCHER, and JOHN DOES 1 - 7,
ORDER
Defendants.
On March 9, 2017, the Clerk of the Court sent a letter to the plaintiff,
stating that he must provide his prisoner trust account statement within
twenty-one days. (Docket #3). On March 28, 2017, the plaintiff filed a motion
for an extension of time to submit the statement. (Docket #6). The plaintiff
requested seven additional days, and indicated that the statement might
already be on its way to the Court. Id. It has been a further nine days, and no
statement has been received.
A prisoner must initially provide the Court with a certified copy of his
prison trust account statement for the last six months, which the Court uses
to calculate the appropriate amount of the prisoner’s required initial partial
filing fee. See 28 U.S.C. § 1915(a)(2). Section 1915 places the burden on the
prisoner to obtain the statement and file it with his complaint. It provides
that “[a] prisoner seeking to bring a civil action . . . without prepayment of
fees or security therefor . . . shall submit a certified copy of the trust fund
account statement (or institutional equivalent) for the prisoner for the
6-month period immediately preceding the filing of the complaint or notice
of appeal, obtained from the appropriate official of each prison at which the
prisoner is or was confined.”
Without the statement, the Court will be forced to deny his requests
to proceed in forma pauperis, since his incomplete application leaves the Court
unable to determine that he is, in fact, a pauper. See McGore v. Wrigglesworth,
114 F.3d 601, 605 (6th Cir. 1997) (failure to file complete application for in
forma pauperis status requires denial of motion to proceed in forma pauperis),
overruled on other grounds, LaFountain v. Harry, 716 F.3d 944 (6th Cir. 2013);
Alexander v. Perrenoud, No. 03-C-0578-C, 2004 WL 2781220, at *1 (W.D. Wis.
Dec. 1, 2004). The plaintiff will be afforded until April 14, 2017 to file his trust
account statement with the Court. Failure to do so will result in the denial of
his motion to proceed in forma pauperis. If the plaintiff does not submit the
statement by that date, he will have until April 21, 2017 to pay the full
$400.00 filing fee, or the action will be dismissed without prejudice. See Civil
L. R. 41(c).
Accordingly,
IT IS ORDERED that the plaintiff shall submit a certified copy of his
prison trust account statement for the previous six months no later than April
14, 2017; and
IT IS FURTHER ORDERED that if the plaintiff does not submit a
certified copy of his prison trust account statement by that date, the plaintiff
must pay the full $400.00 filing fee no later than April 21, 2017 or this action
will be dismissed without prejudice.
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Dated at Milwaukee, Wisconsin, this 6th day of April, 2017.
BY THE COURT:
J.P. Stadtmueller
U.S. District Judge
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