McKinnie v. Heisz et al

Filing 139

Order Construing Notice of Appeal as Request to Proceed ifp. Trust Fund Account Statement due 4/30/2010. Signed by District Judge Barbara B. Crabb on 4/19/10. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------JANARI L. McKINNIE, Plaintiff, v. M AR K HEISZ, BRAD WOLFGRAM, ALA N MORRIS, JANEL NICKEL and GREG GRAMS, D efendan ts. --------------------------------------------Judgment was entered in this case on March 10, 2010, after I granted the motion for sum m ary judgment filed by defendants Mark Heisz, Brad Wolfgram. Alan Morris, Janel N ickel and Greg Grams. On April 2, 2010, I denied plaintiff's motion to alter or amend the ju d g m e n t . N ow before the court is plaintiff's notice of appeal. Because plaintiff has not paid the $ 4 5 5 fee for filing an appeal, I am construing his notice as a request for leave to proceed on app eal in forma pauperis. ORDER 09-cv-188-bbc

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Plaintiff's request for leave to proceed in forma pauperis on appeal is governed by the 19 96 Prison Litigation Reform Act. This means that this court must determine first whether p lain tiff's request must be denied either because he has three strikes against him under 28 U .S.C. § 1915(g) or because the appeal is not taken in good faith. Plaintiff does not have th ree strikes against him and I do not intend to certify that his appeal is not taken in good f a i th . The only other hurdle to proceeding on the appeal in forma pauperis is the requ irem ent that plaintiff make an initial partial payment of the filing fee that has been calcu lated from a certified copy of his trust fund account statement for the six-month period im m ediately preceding the filing of his notice of appeal. 28 U.S.C. § 1915(a)(2). Plaintiff h as not submitted the necessary trust fund account statement. Until he does so, I cannot determ ine whether he is indigent and, if he is, the amount of his initial partial payment. Acco rdingly, IT IS ORDERED that plaintiff may have until April 30, 2010, in which to submit a certified copy of his trust fund account statement for the six-month period from ap pro xim ately October 14, 2009 to approximately April 14, 2010. If, by April 30, 2010, plaintiff fails to submit the required trust account statement or show cause for his failure to do so, then I will deny his request for leave to proceed in forma pauperis on the ground that

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he has failed to show that he is entitled to indigent status on appeal. E n tered this 19th day of April, 2010. B Y THE COURT: /s/ B AR B AR A B. CRABB D istrict Judge

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