Williams, Derek v. Raemisch, Rick et al

Filing 100

ORDER Construing Notice of Appeal as Request to Proceed ifp. Trust Fund Account Statement due 5/1/2013. Signed by Magistrate Judge Stephen L. Crocker on 4/10/2013. (jef),(ps)

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

DEREK M. WILLIAMS,
Plaintiff,
v.
RICK RAEMISCH, WILLIAM POLLARD,
PETER ERICKSEN, WILLIAM SWIEKATOWSKI,
THOMAS CAMPBELL, ROBIN LINDMEIER, PETER
GAVIN, MICHAEL SCHULTZ and CHRISTOPHER
STEVENS,
Defendants.

ORDER
11-cv-411-slc

Judgment was entered in this case on April 2, 2013, granting defendants’ motion for
summary judgment and closing this case. Now plaintiff has filed a notice of appeal. Because the
notice is not accompanied by the $455 fee for filing his appeal, I construe plaintiff’s notice to
include a request for leave to proceed on appeal in forma pauperis.
Plaintiff’s request for leave to proceed in forma pauperis on appeal 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.
The only other hurdle to plaintiff’s proceeding with his appeal in forma pauperis is the
requirement that he pay 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). Plaintiff has not submitted
the necessary trust fund account statement. Until he does so, I cannot determine whether he
is indigent and, if he is, the amount of his initial partial payment.

Accordingly, IT IS ORDERED that plaintiff Derek Williams may have until May 1,
2013, in which to submit a certified copy of his trust fund account statement for the six-month
period beginning approximately October 3, 2012 to approximately April 3, 2013. If, by May
1, 2013, plaintiff fails to submit the required trust account statement or show cause for his
failure to do so, then I will deny his request for leave to proceed in forma pauperis on the ground
that he has failed to show that he is entitled to indigent status on appeal.

Entered this 10th day of April, 2013.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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