Curry, Daniel v. Trefz et al

Filing 75

ORDER Construing Notice of Appeal as Request to Proceed ifp. Trust Fund Account Statement due 1/23/2013. Signed by Magistrate Judge Stephen L. Crocker on 1/3/2013. (elc),(ps)

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

DANIEL RYAN CURRY,
Plaintiff,

ORDER

v.
11-cv-223-slc
SGT. REED TREFZ and
CAPTAIN DAVID GARDNER,
Defendants.

Judgment was entered in this case on September 12, 2012 granting defendants’ motion
for summary judgment and closing this case. On December 27, 2012, I denied plaintiff’s motion
to alter or amend judgment, which was filed on October 12, 2012. Now before the court is
plaintiff’s notice of appeal. Because plaintiff has not paid the $455 filing fee for filing an appeal,
I will construe his notice of appeal as a request 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, plaintiff is required to 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). I
cannot tell whether plaintiff qualifies for indigent status on appeal because he has not submitted
a trust fund account statement. 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.

ORDER
IT IS ORDERED that a decision whether plaintiff Daniel Curry may proceed in forma
pauperis on appeal is STAYED. Plaintiff may have until January 23, 2013 in which to submit
a trust fund account statement for the six-month period beginning approximately April 12, 2012
and ending approximately October 12, 2012. If, by January 23, 2013, plaintiff 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 3rd day of January, 2013.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge