Smith v. GRAMS, WARDEN GREG et al

Filing 2

Order on ifp request: Petitioner to submit six-month trust fund account statement. Trust Fund Account Statement due by 7/14/2009. Signed by Chief Judge Barbara B. Crabb on 6/23/09. (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. --------------------------------------------Plaintiff Derrick Smith, a prisoner at the Columbia Correctional Institution in P ortage, Wisconsin, has submitted a proposed complaint. He has not paid the $350 filing fee or submitted a certified copy of his six-month trust fund account statement. Therefore, I construe plaintiff's complaint to include a request for leave to proceed in forma pauperis. A decision on the request will be delayed until plaintiff makes an initial partial payment of th e $350 filing fee as required by 28 U.S.C. § 1915(b) and the 1996 Prison Litigation R eform Act. Plaintiff's initial partial payment cannot be calculated until he submits a copy of his six-

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m on th trust fund account statement. Plaintiff's complaint was submitted on June 16, 2009. His trust fund account

statem en t should cover the six-month period beginning approximately December 15, 2008 an d ending approximately June 15, 2009. Once plaintiff has submitted the necessary statem ent, 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 28 U.S.C. § 1915(e)(2).

ORDER IT IS ORDERED that plaintiff may have until July 14, 2009, in which to submit a tru st fund account statement for the period beginning December 15, 2008 and ending June 15, 2009. If, by July 14, 2009, plaintiff fails to respond to this order, I will assume that he w ishes to withdraw this action voluntarily and, in that case, the clerk of court is directed to close this file without prejudice to plaintiff's filing his case at a later date. E n tered this 23r d day of June, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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