Schultz, James v. Pugh, Jeffrey et al

Filing 152

ORDER Construing Notice of Appeal as Request to Proceed ifp. Trust Fund Account Statement due 7/31/2012. Signed by District Judge Barbara B. Crabb on 7/6/2012. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - JAMES R. SCHULTZ,
ORDER
Plaintiff,
10-cv-581-bbc
v.
BRADLEY HOOVER and
KENNETH MILBECK,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Judgment was entered in this case on May 5, 2012 in favor of defendants, granting
their motion for summary judgment and closing this case. In an order entered on June 18,
2012, I denied plaintiff’s motion for reconsideration. Now plaintiff has filed a notice of
appeal. Because plaintiff has not paid the $455 fee for filing an appeal, I construe his notice
as a request for leave to proceed in forma pauperis on appeal.
Plaintiff’s request is governed by the 1996 Prison Litigation Reform Act. This means
that this court must determine first whether plaintiff’s request must be denied either because
he has three strikes against him under 28 U.S.C. § 1915(g) or because the appeal is not
taken in good faith. Plaintiff does not have three strikes against him and I do not intend to
certify that his appeal is not taken in good faith.
However, I cannot tell whether plaintiff qualifies for indigent status on appeal because
he has not submitted a trust fund account statement for the six-month period immediately

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preceding the filing of his notice of appeal. Therefore, I will stay a decision on plaintiff’s
request for leave to proceed in forma pauperis pending his submission of the necessary trust
fund account statement.
One additional matters deserve mention. Plaintiff asks the court to appoint counsel
to represent him on appeal. Because proceedings before this court have concluded, this court
lacks authority to appoint counsel for plaintiff on appeal. Plaintiff should direct his request
to the Court of Appeals for the Seventh Circuit.

ORDER
IT IS ORDERED that a decision whether plaintiff James Schultz may proceed in
forma pauperis on appeal is STAYED. Plaintiff may have until July 31, 2012 in which to
submit a trust fund account statement for the six-month period beginning approximately
December 27, 2011 and ending approximately June 27, 2012.

If, by July 31, 2012,

petitioner fails to submit the necessary trust fund account statement, I will deny his request
for leave to proceed in forma pauperis on appeal for his failure to show that he is entitled to
indigent status on appeal.
Entered this 6th day of July, 2012.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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