Moore v. DANE COUNTY et al

Filing 4

Order on IFP request: Petitioner to submit Trust Fund Account Statement, due 6/19/2008. Clerk directed to close case without prejudice if Petitioner fails to respond. Signed by Magistrate Judge Stephen L Crocker on 5/29/2008. (arw),(ps)

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Moore v. DANE COUNTY et al Doc. 4 Case: 3:08-cv-00300-slc Document #: 4 Filed: 05/29/2008 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------R O D N E Y C. MOORE, ORDER Petitioner, 0 8 -c v -3 0 0 -s lc v. D A N E COUNTY; CITY OF MADISON, WI.; GRECTHEN H A Y W A RD ; FRANK SMITH; NICK BARTNICK; CITY O F SUN PRAIRIE, WI.; OFFICER MIKE BUCKLEY; R IC H IE STILES-RIDDLE; NOVAK; JOHNSON; DENNIS L IN D H O LM ; CORY MORRISARD; KATHRYN PENNINGROTH; S H EL IA HANSON; FRANCISCO SALAS; SUSAN BENDER; D R . KIM NESLER; BARBARA ANDREW; and SHEILA HANSON, Respondents. --------------------------------------------R O D N E Y C. MOORE, P e ti ti o n e r , 0 8 -c v -3 0 1 -s lc v. T H O M A S SPEECH; TIM ZIGLER; JEREMY WRIGHT; an d WISCONSIN RESOURCE CENTER, Respondents. --------------------------------------------- 1 Case: 3:08-cv-00300-slc Document #: 4 Filed: 05/29/2008 Page 2 of 3 Petition er Rodney C. Moore, a prisoner at the Columbia Correctional Institution in Po rtage, Wisconsin, has submitted two proposed complaints. He requests leave to proceed in forma pauperis in each action. A decision on the requests will be delayed until petitioner p ays an initial partial payment of the filing fee for each action as required by 28 U.S.C. 1 9 1 5(b ) and the 1996 Prison Litigation Reform Act. Petitioner's initial partial payment cann ot be calculated at this time because the trust fund account statement he submitted with his complaints do not cover the full six-month period immediately preceding the filing of his com plaints. Petitioner's complaints were submitted to the court on May 23, 2008. (Curiously, th ey purport to have been signed on May 25, 2008.) Petitioner's trust fund account statem en t should cover the period beginning approximately November 20, 2007 and ending approxim ately May 20, 2008. Instead, covers a five-day period in November (Nov. 25-Nov. 30), a two-month period beginning January 4, 2008 and ending February 29, 2008, and a three week period beginning April 3, 2008 and ending April 24, 2008. In other words, petitio ner's trust fund account statements for all of December and March, from April 25, 20 08 until May 20, 2008 are missing. If petitioner wants to continue with these lawsuits, he will have to arrange to supply the missing statements to the court. 2 Case: 3:08-cv-00300-slc Document #: 4 Filed: 05/29/2008 Page 3 of 3 OR DER IT IS ORDERED that petitioner may have until June 19, 2008, in which to submit a trust fund account statement for the period beginning December 1, 2007 and ending Jan uary 3, 2008, and for the period beginning March 1, 2008 and ending April 2, 2008, and fo r the period beginning April 25, 2008 and ending May 20, 2008. If, by June 19, 2008, petition er fails to respond to this order, I will assume that he wishes to withdraw these actions voluntarily and, in that case, the clerk of court is directed to close these files without prejudice to petitioner's filing his cases at a later date. E n tered this 29t h day of May, 2008. B Y THE COURT: /s/ S T E P H E N L. CROCKER M agistrate Judge 3

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