Shaw v. Breen et al

Filing 3

Order on ifp request: Trust Fund Account Statement due by 9/15/2008. Signed by Judge Barbara B Crabb on 8/25/2008. (llj),(ps)

Shaw v. Breen et al

Doc. 3

Case: 3:08-cv-00490-bbc

Document #: 3

Filed: 08/25/2008

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 -4 9 0 - b b c v. M A R TH A BREEN, JA N E L NICKEL, D I L L EN RADTKE and G R E G GRAMS, R espo nd ents. --------------------------------------------P etitio n er Sergio 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 $350 filing fee as required by 28 U.S.C. § 1915(b) and the 1996 Prison Litigation Reform Act. Petitioner's initial partial payment cannot be calculated at this tim e because he has not submitted a trust fund account statement with his complaint. Petitioner's complaint was submitted on August 17, 2008. His trust fund account s ta te m ent should cover the six-month period beginning approximately February 18, 2008

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Case: 3:08-cv-00490-bbc

Document #: 3

Filed: 08/25/2008

Page 2 of 2

and ending approximately August 18, 2008. Once petitioner has submitted the necessary statem ent, I will calculate his initial partial payment and advise him of the amount he will h ave to pay before the court can screen the merits of his complaint under 28 U .S.C . § 1915(e)(2). ORDER IT IS ORDERED that petitioner may have until September 15, 2008, in which to su bm it a trust fund account statement for the period beginning approximately February 18, 20 08 and ending approximately August 18, 2008. If, by September 15, 2008, petitioner fails to respond to this order, I will assume that he wishes to withdraw this action vo lun tarily. In that case, the clerk of court is directed to close this file without prejudice to petition er's filing his case at a later date. E n tered this 25 t h day of August, 2008. B Y THE COURT:

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

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