Markovic et al v. State of Wisconsin Department of Corrections et al

Filing 7

Order on ifp request: Complaint taken under advisement for screening and granting motion 2 for screening of the complaint. Signed by Chief Judge Barbara B Crabb on 1/28/09. (vob),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------DRAZEN MARKOVIC and D A R IU S WALKER, individually and on behalf of all others sim ilarly situated, P la i n t i f f s , v. D EPA R TM E N T OF CORRECTIONS OF THE S T AT E OF WISCONSIN, RICHARD F. RAEMISCH, JOHN BETT, LARRY JENKINS, MICHAEL REIGH, JAC K IE KUHN, J.L. MARCUS INC., U N IO N SUPPLY INC., ACCESS SECUREPAK INC. an d WALKENHORST'S INC., D efendan ts. --------------------------------------------Plaintiffs Drazen Markovic and Darius Walker filed this case in the Circuit Court for D a n e County, Wisconsin. On January 23, 2009, defendants Michael Reigh, Jackie Kuhn, D e partm en t of Corrections of the State of Wisconsin, Richard F. Raemisch, John Bett and Larry Jenkins removed the action to this court and paid the $350 filing fee.1 However, ORDER 09-cv-42-bbc

In the notice of removal, dkt. #1, the removing defendants state that all defendants con sent to removal of the case to this court.

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because plaintiffs are prisoners, they are subject to the 1996 Prison Litigation Reform Act. U nd er the act, a plaintiff cannot proceed with this action unless the court grants him p erm issio n to proceed after screening his complaint pursuant to 28 U.S.C. § 1915A.

OR DER IT IS ORDERED that plaintiffs' complaint is taken under advisement. As soon as the cou rt's calendar permits, plaintiffs' complaint will be screened pursuant to 28 U.S.C. § 19 15 A to determine whether the case must be dismissed either because the complaint 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. The parties will be notified pro m ptly when such a decision has been made. In the meantime, if either plaintiff needs to com m un icate with the court about their case, he should be sure to write the case number sh ow n above on his communication. F urth er, IT IS ORDERED that the motion of defendants Reigh, Kuhn, Department of Corrections, Raemisch, Bett and Jenkins for screening of the complaint, dkt. #2, is

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G R AN T ED . E n tered this 28t h day of January, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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