Powell, Marlon v. Raemisch, Rick et al

Filing 2

Initial Order for Paid Pro Se: Plaintiff complaint taken under advisement. Signed by District Judge Barbara B. Crabb on 4/19/10. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------MARLON POWELL, P la i n t i f f , v. R ICK RAEMISCH, RANDY HEPP, M AR IO GARCIA, and JOHN C. SAMUELSON, D efendan ts. --------------------------------------------Plaintiff Marlon Powell, a prisoner at the Jackson Correctional Institution in Black R i ver Falls, 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 under 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 to determine w hether to grant plaintiff leave to proceed on it. Leave will not be granted if the action must be dismissed as malicious or legally "frivolous," a term that means that the complaint does ORDER 10-cv-202-bbc

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no t allege a claim of any kind. Leave can be denied also if the complaint does not state a claim on which plaintiff could obtain relief under the law or if plaintiff is asking for money from a defendant who is legally protected from having to pay money in his case. Plaintiff w ill 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 n um b er shown above on his communication. E n tered this 19th day of April, 2010. B Y THE COURT: /s/ B AR B AR A B. CRABB D istrict Judge

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