MADDOX et al v. POLLARD et al

Filing 78

Order Construing Notice of Appeal as Request to Proceed ifp. Trust Fund Account Statement due by 6/26/2009. Signed by Chief Judge Barbara B. Crabb on 6/5/09. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------STANLEY FELTON, P la i n t i f f , v. PET ER ERICKSEN, CAPT. BRANT, L IZ LEMERY and LT. LAMBRECHT, D efendan ts. OR DER 0 8 -c v -2 2 7 -s lc

--------------------------------------------Judgment was entered in this case on April 29, 2009, granting defendants' motion for sum m ary judgment and closing this case. Now plaintiff has filed a notice of appeal that was po stm arked May 28, 2009, but was not received in this court until June 4, 2009. Because the notice is not accompanied by the $455 fee for filing his appeal, I construe plaintiff's no tice to include a request for leave to proceed on appeal in forma pauperis. Plaintiff's request for leave to proceed in forma pauperis on appeal is governed by the 19 96 Prison Litigation Reform Act. This means that this court must determine first whether p lain tiff's request must be denied either because he has three strikes against him under 28 U .S.C. § 1915(g) or because the appeal is not taken in good faith. Plaintiff does not have

1

th ree strikes against him, and I do not intend to certify that his appeal is not taken in good f a i th . The only other hurdle to plaintiff's proceeding with his appeal in forma pauperis is the requirement that he make an initial partial payment of the filing fee that has been calcu lated from a certified copy of his trust fund account statement for the six-month period im m ediately preceding the filing of his notice of appeal. 28 U.S.C. § 1915(a)(2). Plaintiff h as not submitted the necessary trust fund account statement. Until he does so, I cannot determ ine whether he is indigent and, if he is, the amount of his initial partial payment. Acco rdingly, IT IS ORDERED that plaintiff may have until June 26, 2009, in which to submit a certified copy of his trust fund account statement for the six-month period b egin n in g approximately December 4, 2008 to approximately June 4, 2009. If, by June 26, 20 09 , plaintiff fails to submit the required trust account statement or show cause for his failure to do so, then I will deny his request for leave to proceed in forma pauperis on the gro und that he has failed to show that he is entitled to indigent status on appeal. E n tered this 5t h day of June, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

2