Tessen v. HELGERSON et al

Filing 106

ORDER that plaintiff may have until October 26, 2011, in which to submit a certified copy of his trust fund account statement. Signed by District Judge William M. Conley on 9/23/2011. (jef/cc: plaintiff),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

ROBERT W. TESSEN,
Plaintiff,

ORDER

v.
10-cv-104-wmc
STEVE HELGERSON, NANCY HAHNISCH,
DARCI BURRESON, JENNIFER NICKEL,
NATALIE NEWMAN and KIM CAMPBELL,
Defendants.
Judgment was entered on September 8, 2011, granting defendants’ motion for
summary judgment and dismissing this case. Now plaintiff Robert Tessen has filed a notice
of appeal, a request for a certificate of appealability, and a request for leave to proceed on
appeal in forma pauperis.
Tessen’s request for leave to proceed in forma pauperis on appeal is governed by the
1996 Prison Litigation Reform Act. This means that the court must determine first whether
his request must be denied either because (1) he has three strikes against him under 28
U.S.C. § 1915(g) or (2) the appeal is not taken in good faith. Tessen does not have three
strikes against him and the court is unable to certify that the appeal is not taken in good
faith. Moreover, a certificate of appealability is necessary only for appeals of decisions in 28
U.S.C. § 2254 or 28 U.S.C. § 2255 decisions.
Accordingly, the only other hurdle to Tessen’s proceeding with his appeal in forma
pauperis is the requirement that he make an initial partial payment of the filing fee that has
been calculated from a certified copy of his trust fund account statement for the six-month
period immediately preceding the filing of his notice of appeal. 28 U.S.C. § 1915(a)(2).

Tessen has not submitted the necessary trust fund account statement. Until he does so, the
court cannot determine whether he is indigent and, if he is, the amount of his initial partial
payment.
Accordingly, IT IS ORDERED that Tessen may have until October 26, 2011, in
which to submit a certified copy of his trust fund account statement for the six-month period
from approximately March 20, 2011 to approximately September 20, 2011. If, Tessen fails
to submit the required trust account statement or show cause for his failure to do so on or
before October 26th, then the court will deny his request for leave to proceed in forma
pauperis on the ground that he has failed to show that he is entitled to indigent status on
appeal.
Entered this 23rd day of September, 2011.
BY THE COURT:
/s/
__________________________________
WILLIAM M. CONLEY
District Judge

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