Shaw v. Jahnke

Filing 3

Order on ifp request: Petitioner to submit Trust Fund Account Statement by 5/22/2008. Signed by Judge Barbara B Crabb on 5/5/08. (elc),(ps)

Shaw v. Jahnke

Doc. 3

Case: 3:08-cv-00245-bbc

Document #: 3

Filed: 05/05/2008

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------S ER G IO L. SHAW, ORDER Petitioner, 0 8 - cv -2 4 5 - b b c v. T H O M AS JAHNKE, Dodge Correctional Officer, R espo nd ent. --------------------------------------------Petition er Sergio L. Shaw, a prisoner at the Columbia Correctional Institution in Po rtage, Wisconsin, has submitted a proposed complaint. He requests leave to proceed in form a pauperis. A decision on the request will be delayed until petitioner pays an initial p artial payment of the filing fee as required by 28 U.S.C. § 1915(b) and the 1996 Prison L itigatio n Reform Act. Petitioner's initial partial payment cannot be calculated at this time b e cau se the trust fund account statement he submitted with his complaint does not cover the full six-month period immediately preceding the filing of his complaint. Petitioner's complaint was submitted on April 23, 2008. His trust fund account statem en t should cover the period beginning approximately October 23, 2007 and ending

1

Dockets.Justia.com

Case: 3:08-cv-00245-bbc

Document #: 3

Filed: 05/05/2008

Page 2 of 3

app roxim ately April 23, 2008. Instead, petitioner has submitted two canteen statements show ing that he had a $0 balance on April 14 and April 21, 2008. This is not sufficient. If petitioner wants to continue with this lawsuit, he will have to provide a copy of his trust fund account statement for the six-month period described above. Once petitioner has subm itted the necessary statement, I will calculate his initial partial payment and advise him o f the amount he will have to pay before the court can screen the merits of his complaint un der § 1915(e)(2).

OR DER IT IS ORDERED that petitioner may have until May 22, 2008, in which to submit a trust fund account statement for the period beginning approximately October 23, 2007 an d ending approximately April 23, 2008. If, by May 22, 2008, petitioner fails to respond to this order, I will assume that he wishes to withdraw this action voluntarily and, in that case, the clerk of court is directed to close this file without prejudice to petitioner's filing his

2

Case: 3:08-cv-00245-bbc

Document #: 3

Filed: 05/05/2008

Page 3 of 3

case at a later date. E n tered this 5 t h day of May, 2008. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

3