Titus Henderson v. Rick Raemisch et al

Filing 19

ORDER granting plaintiff an extension of time until 8/18/11 to submit a six-month trust fund account statement. Signed by District Judge Barbara B. Crabb on 8/2/11. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - TITUS HENDERSON,
ORDER
Plaintiff,
09-cv-170-bbc
v.
RICK RAEMISCH, PETER HUIBREGTSE,
GARY BOUGHTON, ELLEN RAY,
TOM GOZINSKI, WELCOME ROSE,
AMY SMITH, HELLEN KENNEBECK,
KATHRYN ANDERSON, LARRY PRIMMER,
JANA JUERGENS, MONICA HORNER,
TRISHA LANSING, NANCY SALMON,
ELLEN RAY, C. BEERKIRCHER,
THOMAS TAYLOR, DAVID GARDNER,
LT. BOISEN, BRIAN KOOL, TIM HAINES,
CRAIG TOM, LT. HANFIELD, JOSH BROWN,
H. BROWN, W. BROWN, SGT. FURER,
CO NEIS, SGT. CARPENTER,
SGT. BOARDMAN, SGT. BLOYER,
COII JONES, COII JOHNSON, CO HULCE,
COII KARNOPP, R. STARKEY,
SGT. WALLACE, COII ECKT, COII EWING,
D. ESSER, M. SCULLION, JEROMEY CAYA,
JENNIFER SICKINGER, JOAN WATERMAN,
WENDY THOMPSON, SGT. TREFT,
SGT. COOK and JOHN DOES,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - -

1

On June 20, 2011, I directed plaintiff Titus Henderson to submit his six-month trust
fund account statement so that I could assess an initial partial payment of the $350 fee for
filing this case. Now, plaintiff has submitted a letter in which he says that he is enclosing
a certified copy of his six-month trust fund account statement between September 2008 and
April 2009. Plaintiff’s July 7, 2011 letter goes on to say, “If not [enclosed], your ‘Answer’
is also enclosed.” Plaintiff’s enclosures consist of an interview/information request directed
to the business office where he states that according to “Judge Crabb ‘Order’, you can’t
charge us.” The statement is not enclosed.
I take this to mean that plaintiff is requesting a free copy of his trust fund account
statement, believing that prison staff cannot charge him for copies of this document.
Plaintiff is incorrect. As with any type of legal expense, plaintiff must budget to pay for
copies of his trust fund account statement or seek a legal loan to do so.
Since plaintiff has not yet submitted a copy of his trust fund account statement for
the appropriate time period, I will construe his letter as a motion for extension of time.
Therefore, I will extend the deadline for plaintiff to submit his trust fund account statement
until August 18, 2011. Plaintiff’s trust fund account statement should cover the period
beginning approximately September 23, 2008 and ending approximately March 23, 2009.
Once plaintiff has submitted the necessary statement, I will calculate his initial partial
payment and advise him of the amount he will have to pay before the court can screen the
merits of his complaint under § 1915(e)(2). If plaintiff fails to provide his statement, this

2

case will be closed.
Plaintiff also asks for the return of his amended complaint in case no. 08-cv-390-bbc
and the original complaint and supplemental pleadings in case no. 09-cv-170-bbc. On this
one occasion, I will return copies of plaintiff’s requested documents with this order. Plaintiff
is reminded that he is to retain a copy of his submissions for his own files. The court does
not provide free copies of documents to litigants, even those who are proceeding in forma
pauperis. In the future, if plaintiff wants the court to copy documents for him, he will have
to pay for the copies at the indigent rate of 10 cents a page.

ORDER
IT IS ORDERED that plaintiff is GRANTED an enlargement of time to August 18,
2011, in which to submit a trust fund account statement covering the period beginning
approximately September 23, 2008 and ending approximately March 23, 2009. If, by
August 18, 2011, plaintiff fails to respond to this order, the clerk of court is directed to close
this file without prejudice to plaintiff's filing his case at a later date.
Entered this 2d day of August, 2011.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

3