McElrath v. Booker et al

Filing 8

ORDER signed by Judge J P Stadtmueller on 1/10/2022. IT IS ORDERED that Plaintiff shall file his certified trust account statement for the six months preceding the filing of his complaint, on or before February 9, 2022, or this action will b e dismissed without prejudice for want of prosecution; and IT IS FURTHER ORDERED that Plaintiff resubmit the additional documents he sent to the Court, taking care to write clearly with larger print, to write in straight lines, and to avoid using arrows, circles, and boxes. (cc: all counsel and mailed via USPS to pro se Plaintiff)(rcm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
PHAROAH DONALD LEE
MCELRATH,
Plaintiff,

Case No. 21-CV-1297-JPS

v.
THURSDAY BOOKER, CASEY
EHLER, LORI KUNTSMAN,
HEATHER RIEHLE, BRIAN HAYES,
ZAKKIYA BERRY, AMANDA BARZ,
CAPTAIN GONZALEZ, DIANNA
VOSS, DONNA RICHMOND,
HANNAH JAGLER, FRANCINE
O’CLAIRE, R. FREEZE, and JESSICA
STODZINSKI,

ORDER

Defendants.
On November 10, 2021, Plaintiff filed his complaint in this case and
a motion for leave to proceed in forma pauperis. (Docket #1, #2). The same
day, the Clerk of the Court requested that Plaintiff provide a certified trust
account statement for the past six months, in accordance with 28 U.S.C. §
1915, within twenty-one days. (Docket #3). Plaintiff has yet to file a certified
trust account statement. The Court will, therefore, order Plaintiff to file his
trust account statement on or before February 9, 2022. If Plaintiff does not
comply, this action will be dismissed for his failure to prosecute it. Civ. L.R.
41(c).
Next, while the Court can read Plaintiff’s complaint, Plaintiff has
submitted several documents to the Court in addition to his complaint that
are practically unreadable. The Court is aware of and sympathetic to the

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constraints Plaintiff faces in filing a lawsuit from prison—a shortage of
paper and writing implements, an inability to access a computer and word
processor to assist in typing a complaint, etc. But the Court cannot read
much of Plaintiff’s submissions as they are written. If Plaintiff wishes for
the Court to understand his additional filings, he must refile them, taking
care to write clearly with larger print, to write in straight lines, and to avoid
using arrows, circles, and boxes.
Accordingly,
IT IS ORDERED that Plaintiff shall file his certified trust account
statement for the six months preceding the filing of his complaint, on or
before February 9, 2022, or this action will be dismissed without prejudice
for want of prosecution; and
IT IS FURTHER ORDERED that Plaintiff resubmit the additional
documents he sent to the Court, taking care to write clearly with larger
print, to write in straight lines, and to avoid using arrows, circles, and
boxes.
Dated at Milwaukee, Wisconsin, this 10th day of January, 2022.
BY THE COURT:

____________________________________
J. P. Stadtmueller
U.S. District Judge

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