Elliott v. Price

Filing 4

Order on ifp request: Complaint taken under advisement for screening. Signed by Chief Judge Barbara B. Crabb on 10/5/09. (elc),(ps)

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IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------OSCAR HALL ELLIOTT, P la i n t i f f , v. S E R G E A N T PRICE, D e fe n d a n t --------------------------------------------Plaintiff Oscar Elliott, an inmate at the Dane County jail in Madison, Wisconsin, has su bm itted a proposed complaint and requested leave to proceed in forma pauperis. From plaintiff's trust fund account statement, it appears that plaintiff presently has no means with w hich to pay an initial partial payment of the $350 fee for filing his complaint. However, plaintiff should be aware that he is obligated to pay the $350 filing fee, even if this court determ ines that he will not be permitted to proceed with his complaint in forma pauperis an d even if he does not presently have funds with which to pay the fee. 28 U.S.C. 1915 (b)(1 ). His account will be monitored and the fee must be taken in monthly OR DER 09-cv-596-bbc installm ents when the funds exist. Acco rdingly, IT IS ORDERED that plaintiff's complaint is taken under advisement. 1 A s 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 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. Further, the Clerk of Court is requested to insure that the court's financial records reflect the fact that plaintiff Elliott owes the $350 fee for filing this case, in accordance with the requirements of the Prison Litigation Reform Act. Entered this 5t h day of October, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge 2

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