Muehl et al. v. Lind et al.

Filing 8

ORDER that Petitioners may have until October 17, 2008, to file a legible complaint signed by both petitioners. If petitioners fail to respond by that date, I will dismiss the case for failure to prosecute. Signed by Judge Barbara B Crabb on 10/2/08. (vob),(ps)

Muehl et al. v. Lind et al.

Doc. 8

Case: 3:08-cv-00539-bbc

Document #: 8

Filed: 10/03/2008

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------M IC H A E L MUEHL and D A N IE L R. McBRIDE, ORDER Petitioners, 0 8 - cv -5 3 9 - b b c v. B ET H LIND, MR. MUENCHOW, S AN D R A HAUTAMAKI, MIKE T H U R M ER , OFFICER MUELLER, O FFIC ER KROLL, OFFICER EAGER, O FFIC ER BEAM and SERGANT L EN T Z , R espo nd ents. --------------------------------------------This is a proposed civil action brought pursuant to 42 U.S.C. § 1983. Petitioners M ichael Muehl and Daniel McBride are prisoners seeking to proceed in forma pauperis under 28 U.S.C. § 2815. In a previous order, I directed petitioner McBride to make an initial partial payment of $.99, which the court has received; I concluded that petitioner M uehl had no means to make an initial partial payment. Although petitioners are financially eligible to proceed in forma pauperis, I cannot yet screen the complaint under 28 U.S.C. § 1915 because the complaint is nearly illegible in its 1

Dockets.Justia.com

Case: 3:08-cv-00539-bbc

Document #: 8

Filed: 10/03/2008

Page 2 of 3

current form. It appears to have been hand written by petitioner McBride in a style that m akes a guessing game out of reading each allegation. co m p lain t in legible form. Petitioners must resubmit the

Okoro v. Bohman, 164 F.3d 1059, 1063 (7th Cir. 1999)

(inco m prehen sible complaint cannot state claim upon which relief may be granted). If petitioner McBride does not believe he is able to hand write his complaint more clearly, he sh o uld type the new complaint or allow the complaint to be drafted by petitioner Muehl, w hose handwriting is much easier to read. Because petitioners filed many original

do cu m ents with their complaint, I am returning these to petitioner McBride. (The court will retain an electronic copy of these documents.) Petitioners need not refile these attachments w ith their new complaint. Petition ers are reminded that both of them must sign the complaint and every other do cum ent they file jointly. If one petitioner does sign the complaint, he will be dismissed from the lawsuit.

OR DER IT IS ORDERED that the complaint in this case is DISMISSED because it is illegible. Petition ers may have until October 17, 2008, to file a legible complaint signed by both petition ers. If petitioners fail to respond by that date, I will dismiss the case for failure to

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Case: 3:08-cv-00539-bbc

Document #: 8

Filed: 10/03/2008

Page 3 of 3

p r o s e c u t e. E n tered this 2 n d day of October, 2008. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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