Curry, Daniel v. Trefz et al

Filing 76

ORDER denying plaintiff's request to proceed in forma pauperis on appeal. Signed by Magistrate Judge Stephen L. Crocker on 2/21/2013. (jef),(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 in favor of defendants. On
October 12, 2012, plaintiff filed a notice of appeal that I construed to include a request to proceed
in forma pauperis on appeal. I could not determine the amount of plaintiff’s initial partial payment
of his filing fee for his appeal because plaintiff had not submitted a trust fund statement. On January
3, 2013, I entered an order giving plaintiff until January 23, 2013, in which to submit a certified
copy of his trust fund account statement for the six-month period from approximately April 12, 2012
to approximately October 12, 2012. Plaintiff was warned that if he failed to submit the required
trust fund account statement his request to proceed in forma pauperis on appeal would be denied. It
is now February 21, 2013 and plaintiff has failed to submit his six-month trust fund account
statement or show cause for his failure to do so. Accordingly, plaintiff’s request for leave to proceed
in forma pauperis is denied on the ground that he has failed to show that he is entitled to indigent
status on appeal.

ORDER
IT IS ORDERED that plaintiff Daniel Curry’s request to proceed in forma pauperis on appeal,
dkt. #71, is DENIED. Further, IT IS ORDERED that the clerk of court insure that plaintiff’s
obligation to pay the $455 filing fee for the appeal is reflected in this court’s financial records.

Entered this 21st day of February, 2013.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge