Fortney v. Schultz et al

Filing 4

ORDER Taking Complaint Under Advisement for Screening. Signed by Magistrate Judge Stephen L. Crocker on 9/9/2009. (eds),(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 -5 2 7 -s lc C apt. M. SCHULTZ, WILLIAM J. POLLARD, M I C H A E L BAENEN, PETTER ERICKSEN, C O III ZAGER and COIII HOFFMAN, D e fe n d a n t s . ORD ER

Plaintiff Steven Fortney, a prisoner at the Green Bay Correctional Institution in Green Bay, Wisconsin, has submitted a proposed complaint. He requests leave to proceed in forma pauperis and has paid an initial partial filing fee. Because plaintiff is a prisoner, this court is required under the 1996 Prison Litigation Reform Act to screen his complaint and dismiss any claims that are legally frivolous, malicious, fail to state a claim on which relief may be granted or seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2). Accordingly, IT IS ORDERED that plaintiff Steven Fortney's complaint is taken under advisement. As soon 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 complaint 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 notified promptly when such a decision has been made. Entered this 9th day of September, 2009. BY THE COURT: /s/ STEPHEN L. CROCKER Magistrate Judge

2