Leiser, Loren v. Voeks, Jeannie et al

Filing 2

ORDER on ifp request: Plaintiff to submit Trust fund account statement. Trust Fund Account Statement due 5/31/2011. Signed by Magistrate Judge Stephen L. Crocker on 5/11/2011. (jef),(ps)

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

LOREN L. LEISER, SR.,
ORDER
Plaintiff,
v.

11-cv-328-slc

JEANNIE ANN VOEKS, RN,
DR. BRIAN J. BOHLMANN, DR. KENNETH ADLER,
DR. BRUCE GERLINGER, DR BRAUNSTEIN,
DR. JOAN M HANNULA, DAVE ROCK,
PAMELA WALLACE, BRADLEY HOMPE,
JOHN/JANE DOE(S) “Special Needs Committee” Members and
JANE/JOHN DOE(S)”Committee” approving surgical procedures,
Defendants.

Plaintiff Loren Leiser, a prisoner at Stanley Correctional Institution in Stanley,
Wisconsin, has submitted a proposed complaint. Plaintiff has neither paid the $350 filing fee
for filing a civil action nor submitted a request for leave to proceed in forma pauperis. Therefore,
I construe his complaint to include a request for leave to proceed in forma pauperis. The court
will delay its decision on the request until plaintiff pays an initial partial payment of the $350
filing fee as required by 28 U.S.C. § 1915(b) and the 1996 Prison Litigation Reform Act. The
court cannot yet calculate plaintiff's initial partial payment because he did not submit a trust
fund account statement with his complaint.
Plaintiff filed his complaint on May 5, 2011. His trust fund account statement should
cover the six-month period beginning near November 5, 2010 and ending around May 5, 2011.
Once plaintiff has submitted the necessary statement, I will calculate his initial partial payment
and advise him of the amount he will have to pay before the court can screen the merits of his
complaint under 28 U.S.C. § 1915(e)(2). Plaintiff should show a copy of this order to jail
officials to ensure that they are aware they should send a copy of plaintiff’s six-month trust fund
account statement to this court.

ORDER
IT IS ORDERED that plaintiff Loren Leiser may have until May 31, 2011, in which to
submit a certified copy of his trust fund account statement for the period beginning
approximately November 5, 2010 and ending approximately May 5, 2011. If, by May 31, 2011
plaintiff fails to respond to this order, I will assume that he wishes to withdraw this action
voluntarily. In that event, the clerk of court is directed to close this case without prejudice to
plaintiff's filing his case at a later date.

Entered this 11th day of May, 2011.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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