Muehl v. Thurmer et al

Filing 8

Order on ifp request: Complaint taken under advisement for screening. (elc),(ps)

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IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------MICHAEL MUEHL, P eti ti o n er , v. M IC H A E L THURMER, Warden; B AU ER , Lieutenant; G AR Y ANKARLO, Psychological Services Supervisor; T O D D CALLISTER, Psychiatrist; BELINDA SCHRUBBE, Health Service Manager; PAU L SUMNICHT, Doctor; M AR Y GORSKE, Registered Nurse Practitioner; M AR Y SLINGER, Registered Nurse; FR AN JENNINGS, Registered Nurse; G AIL WALTZ, Registered Nurse; C H A R L E N E REITZ, Registered Nurse; and B R U C E DUMONTIER, Dentist; R espo nd ents. --------------------------------------------Petitioner Michael Muehl, a prisoner at the Waupun Correctional Institution in W aup un , Wisconsin, has submitted a proposed complaint. He requests leave to proceed in form a pauperis. From petitioner's trust fund account statement, it appears that petitioner p resen tly has no means with which to pay an initial partial payment of the $350 fee for filing ORDER 0 9 - cv -1 6 - b b c 1 h is complaint. However, petitioner should be aware that he is obligated to pay the $350 filing fee, even if this court determines that he will not be permitted to proceed with his com plaint in forma pauperis and even if he does not presently have funds with which to pay the fee. 28 U.S.C. 1915(b)(1). His account will be monitored and the fee must be taken in monthly installments when the funds exist. Accordingly, IT IS ORDERED that petitioner's complaint is taken under advisement. As soon as the court's calendar permits, petitioner's complaint will be screened pursuant to 28 U.S.C. 1915(e)(2) to determine whether the case must be dismissed either because the co m p lain t 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. Petitioner will be notified promptly when such a decision has been made. Further, the Clerk of Court is requested to insure that the court's financial records reflect that petitioner owes the $350 fee for filing this case, in accordance with the requ irem ents of the Prison Litigation Reform Act. Entered this 20t h day of January, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge 2

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