Fortney v. Hoffman et al

Filing 93

ORDER denying 92 Motion for Reconsideration. Signed by Magistrate Judge Stephen L. Crocker on 12/22/09. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF WISCONSIN

STEVEN E. FORTNEY, P l a i n t i f f, v. 0 9 -c v -1 9 2 -s lc L T . CHRIS STEVENS, C.O. III DAVID LONGSINE, JE R M E Y LEIRMO, LUKE FULLMER, COLE C O O PM A N , LARRY DILLENBERG, BRIAN VAN LOO, N U R S E MARILYN VANTERKINTER and NURSE K A T H Y LEMENS, D e fe n d a n t s . ORD ER

On November 10, 2009 I granted defendants' motion for summary judgment because plaintiff failed to exhaust his administrative remedies on his claim that defendants violated his Eighth Amendment rights. On December 10, 2009. I denied plaintiff's request for leave to proceed in forma pauperis on appeal because he had not shown that he was indigent in this case. Now plaintiff moves for reconsideration. Plaintiff notes that he was granted leave to proceed in forma pauperis in Case No. 09cv-597 -slc. That decision was based on a trust fund statement submitted by plaintiff over three months ago on September 8, 2009. In order for the court to determine whether plaintiff can proceed in forma pauperis on his appeal in this case, plaintiff will have to update this information by submitting a certified copy of his trust fund account statement for the s i x months preceding the date he filed his appeal. I will deny plaintiff's motion for

reconsideration. However, I will consider his request to proceed in forma pauperis if he su bm its an updated trust fund account statement no later than January 12, 2009.

OR DER IT IS ORDERED that plaintiff's motion for reconsideration, dkt. # 92, is DENIED.

E n tered this 22 n d day of December, 2009. B Y THE COURT: /s/ S T E P H E N L. CROCKER M agistrate Judge

2