Tessen v. Lepak et al

Filing 3

Order on ifp request: Petitioner to submit Trust Fund Account Statement by 10/16/2008. Signed by Judge Barbara B Crabb on 9/25/08. (elc),(ps)

Tessen v. Lepak et al

Doc. 3

Case: 3:08-cv-00556-bbc

Document #: 3

Filed: 09/26/2008

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------R O BER T W. TESSEN, ORDER Petitioner, 0 8 - cv -5 5 6 - b b c v. K E N T LEPAK and S T EV EN S POINT POLICE DEPARTMENT, R espo nd ents. --------------------------------------------Petition er Robert Tessen, a prisoner at the Dodge Correctional Institution in W aup un , 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 September 17, 2008. His trust fund account statem en t should cover the period beginning approximately March 17, 2008 and ending

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Case: 3:08-cv-00556-bbc

Document #: 3

Filed: 09/26/2008

Page 2 of 3

ap pro xim ately September 15, 2008. Instead, it covers approximately a one-month period beginning August 28, 2008 and ending September 19, 2008. From my review of the statem en t it appears petitioner arrived at Dodge Correctional Institution on or around August 28, 2008. When a prisoner is incarcerated at one or more institutions during the six-m o n th period immediately preceding the filing of his lawsuit, he is required under 28 U .S.C. § 1915(a)(2) to obtain a trust fund account statement "from the appropriate official of each prison at which [he] is or was confined" during the relevant period. Therefore, if p etitio n er wants to continue with this lawsuit, he will have to write to the other institutions in which he may have been confined between March 17, 2008 and his transfer to the Dodge C o rrectio n al Institution, to request a certified copy of his trust fund account statement for the appropriate period.

ORDER IT IS ORDERED that petitioner may have until October 16, 2008, in which to su bm it a trust fund account statement for the period beginning approximately March 17, 20 08 and ending approximately September 15, 2008. If, by October 16, 2008, petitioner fa ils to respond to this order, I will assume that he wishes to withdraw this action voluntarily an d, in that case, the clerk of court is directed to close this file without prejudice to p e t i t i o n e r 's

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Case: 3:08-cv-00556-bbc

Document #: 3

Filed: 09/26/2008

Page 3 of 3

filing his case at a later date. E n tered this 25 t h day of September, 2008. B Y THE COURT:

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

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