Smith v. GRAMS, WARDEN GREG et al

Filing 15

ORDER denying 13 motion to order prison officials to submit initial partial payment. Complaint taken under advisement for screening. Signed by Chief Judge Barbara B. Crabb on 8/26/09. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------D ER R IC K L. SMITH, ORDER Plaintiff, 0 9 - cv -3 8 7 - b b c v. G R E G GRAMS, Warden, JAN E DOE, SULIENE, Doctor, JA N E DOE Nurse #1, JA N E DOE Nurse #2, JA N E DOE Nurse #3, JAN E DOE, Security Director, D efendan ts. --------------------------------------------O n August 7, 2009, plaintiff Derrick Smith, a prisoner at the Columbia Correctional Institution in Portage, Wisconsin, filed a motion to order prison officials to submit the $3 .52 initial partial payment he was assessed in this 42 U.S.C. § 1983 action. In an order d ated August 14, 2009, I stayed a decision on plaintiff's motion and requested that the p riso n 's warden look into the matter and advise the court, in writing, of the status of p lain tiff's payment. Although the court has not yet received a response from the warden, p lain tiff's initial partial payment has been received. Because the initial payment has now

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been made, I will deny plaintiff's motion to order prison officials to submit the initial partial paym ent.

ORDER IT IS ORDERED that plaintiff's motion to order prison officials to submit initial partial payment (dkt. #13) is DENIED. F urth er, IT IS ORDERED that plaintiff's complaint is taken under advisement. As so o n as the court's calendar permits, plaintiff'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. Plaintiff will be no tified promptly when such a decision has been made. E n tered this 26 t h day of August, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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