Schuenke v. Wisconsin Department Of Corrections et al

Filing 3

Order on ifp request: Petitioner to submit six-month trust fund account statement. ( Trust Fund Account Statement due by 8/6/2009. ) Signed by Chief Judge Barbara B. Crabb on 7/16/09. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------L L O Y D T. SCHUENKE, ORDER Plaintiff, 0 9 - cv -4 4 1 - b b c v. W ISCO N SIN DEPARTMENT OF CORRECTIONS; RICK RAEMISCH, S ecretary of the Wisconsin Department of Corrections; JANE/JOHN DOE, Deputy Secretary of the Wisconsin Department o f Corrections; JOHN DOES, Corrections C o m p lain t Examiner for the Wisconsin Department of Corrections; JANE DOES, C orr ection s Complaint Examiner for the Wisconsin Department of Corrections; JACKSON CORRECTIONAL INSTITUTION; R A N D A L L R. HEPP, Warden of Jackson C orrectio nal Institution; CARI TAYLOR, D eputy Warden of Jackson Correctional Institution; MARK OLSON, Security Director of Jackson Correctional Institution; JO D I DOUGHERTY, Inmate Complaint E xam in er at Jackson Correctional Institution; Y O L AN D A ST. GERMAINE, Inmate C o m plain t Examiner at Jackson Correctional Institution; JOHN DOES Correctional Officers at Jackson Correctional Institution; JANE DOES, C o rrectio nal Officers at Jackson Correctional Institution; JOHN DOES, Staff Members at Jackson Correctional Institution; JANE DOES,

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Staff Members at Jackson Correctional I n s t i t u ti o n ; Defendants. --------------------------------------------Plaintiff Lloyd Schuenke a prisoner at the Jackson Correctional Institution in Black R iver Falls, Wisconsin, has submitted a proposed complaint. He requests leave to proceed in forma pauperis. A decision on the request will be delayed until plaintiff provides a copy o f his trust fund account statement for the six-month period immediately preceding the filing of his complaint. Plaintiff's complaint was submitted on July 4, 2009. His trust fund account

statem en t should cover the six-month period beginning approximately January 4, 2009 and endin g approximately July 4, 2009. I am aware from plaintiff's complaint that during this six-m onth time frame, he was incarcerated at the Dodge Correctional Institution and the F lo r e n c e County Jail before being transferred to the Jackson Correctional Institution. Pursuant to 28 U.S.C. § 1915(a)(2), when a prisoner is incarcerated at one or more institutions during the six-month period immediately preceding the filing of his lawsuit, he m ust obtain a trust fund account statement "from the appropriate official of each prison at w hich [he] is or was confined" during the relevant period. Therefore, if plaintiff wishes to pursue his request to proceed in forma pauperis, he will have to write to the correctional

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institution s in which he was confined between January 4, 2009 and July 4, 2009, to request a certified copy of his trust fund account statement for that period.

ORDER IT IS ORDERED that plaintiff may have until August 6, 2009, in which to submit trust fund account statements beginning January 4, 2009 and ending July 4, 2009 from the in stitu tio n s in which he may have been confined during this period. If, by August 6, 2009, p lain tiff fails to respond to this order, I will assume that he wishes to withdraw this action vo lun tarily 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 16 t h day of July, 2009. B Y THE COURT: __________________________________ B AR B AR A B. CRABB D istrict Judge

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