Raedel v. Collier et al

Filing 3

Order: Trust Fund Account Statement due by 8/28/2009. Signed by Chief Judge Barbara B. Crabb on 8/7/2009. (eds),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------C H R I S T O P H E R GEORGE RAEDEL, ORDER Plaintiff, 0 9 - cv -4 8 6 - b b c v. C O L LEEN COLLIER, M A R Y GRUETZMACHER, T I M SAWICKI, TORI SEIDL and TROY FOLSKE, D efendan ts. --------------------------------------------Plaintiff Christopher Raedel, a prisoner at the Wisconsin Resource Center in W i n n e b a g o , 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. T herefo re, I construe plaintiff's complaint to include a request for leave to proceed in forma pau p er is. A decision on the request will be delayed until plaintiff makes an initial partial p aym en t of the $350 filing fee as required by 28 U.S.C. § 1915(b) and the 1996 Prison Litigation Reform Act. Plaintiff's initial partial payment cannot be calculated until he subm its a copy of his six-month trust fund account statement. Plaintiff's complaint was submitted on August 1, 2009. His trust fund account

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statem en t should cover the six-month period beginning approximately January 30, 2009 and endin g approximately July 31, 2009. Once plaintiff has submitted the necessary statement, I will calculate his initial partial payment and advise him of the amount he will have to pay befo r e 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 August 28, 2009, in which to submit a trust fund account statement for the period beginning January 30, 2009 and ending July 31, 2009. If, by August 28, 2009, plaintiff fails to respond to this order, I will assume that he wishes to withdraw this action voluntarily. 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 7th day of August, 2009. B Y THE COURT: /s/ B AR B AR A B. CRABB D istrict Judge

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