Martinez v. Rose et al

Filing 2

Order taking Complaint under advisement for screening. Signed by Chief Judge Barbara B. Crabb on 10/13/09. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------BENTURA MARTINEZ, P la i n t i f f , v. W EL CO M E ROSE, WILLIAM POLLARD an d C.O. II P. JANUS, D efendan ts. --------------------------------------------Plaintiff Bentura Martinez, a prisoner at the Green Bay Correctional Institution in G reen Bay, Wisconsin, has submitted a proposed complaint. He has paid the $350 filing fee. Nevertheless, because he is a prisoner, he is subject to the 1996 Prison Litigation R eform Act. Under the act, plaintiff cannot proceed with this action unless the court grants h im permission to proceed after screening his complaint pursuant to 28 U.S.C. § 1915A. Acco rdingly, IT IS ORDERED that plaintiff's complaint is taken under advisement. A s soon as the court's calendar permits, plaintiff's complaint will be screened pursuant to 28 U .S.C. § 1915A 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 ORDER 09-cv-607-bbc

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seeks monetary relief against a defendant who is immune from such relief. Plaintiff will be notified promptly when such a decision has been made. In the meantime, if plaintiff needs to communicate with the court about his case, he should be sure to write the case number sh ow n above on his communication. E n tered this 13t h day of October, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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