Shaw v. Jahnke

Filing 5

Order on ifp request: Complaint taken under advisement for screening. Signed by Judge Barbara B Crabb on 5/22/08. (krj),(ps)

Shaw v. Jahnke

Doc. 5

Case: 3:08-cv-00245-bbc

Document #: 5

Filed: 05/22/2008

Page 1 of 2

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. --------------------------------------------In an order entered in this case on May 5, 2008, I told petitioner that before I could co n sid er his request to proceed in forma pauperis he would have to submit a trust fund account statement covering the six-month period preceding the filing of his complaint so that I could assess an initial partial payment of the $350 fee for filing this case. Petitioner has su bm itted the requested statement. From the statement, it appears that petitioner presently has no means with which to pay an initial partial payment of the $350 filing fee. However, petitioner should be aware that he is obligated to pay the $350 filing fee, even if this court determ ines that he will not be permitted to proceed with his complaint in forma pauperis an d even if he does not presently have funds with which to pay the fee. 28 U.S.C. §

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Dockets.Justia.com

Case: 3:08-cv-00245-bbc

Document #: 5

Filed: 05/22/2008

Page 2 of 2

1 9 1 5 (b )( 1 ).

His account will be monitored and the fee must be taken in monthly

installm ents when the funds exist. Accordingly, IT IS ORDERED that petitioner's complaint is taken under advisement. As soon as the court's calendar permits, petitioner's complaint will be screened pursuant to 28 U.S.C. § 1915(e)(2) to determine whether the case must be dismissed either because the co m p lain t is frivolous or malicious, fails to state a claim on which relief may be granted or seeks monetary relief against a defendant who is immune from such relief. Petitioner will be notified promptly when such a decision has been made. Further, the Clerk of Court is requested to insure that the court's financial records reflect that petitioner Shaw owes the $350 fee for filing this case, in accordance with the requ irem ents of the Prison Litigation Reform Act. Entered this 22n d day of May, 2008. B Y THE COURT:

/s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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