Golden, Parish et al v. Stutleen et al

Filing 60

ORDER Construing Notice of Appeal as Request to Proceed ifp. Trust Fund Account Statement due 5/30/2012. Signed by District Judge Barbara B. Crabb on 5/9/2012. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PARISH GOLDEN,
Plaintiff,

ORDER

v.

11-cv-616-bbc

LT. STUTLEEN, CO II RAUSCH,
CO II FRISCH, CO II BIEMERET
and CO II DEBROUX,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - On April 5, 2012, I dismissed this case without prejudice for plaintiff Parish Golden’s
failure to exhaust his administrative remedies. I denied plaintiff’s motion for reconsideration
on May 1, 2012. Now before the court is plaintiff’s 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 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

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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 proceeding on the appeal in forma pauperis is the
requirement that plaintiff 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). 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 may have until May 30, 2012, in which
to submit a certified copy of his trust fund account statement for the six-month period from
approximately October 30, 2011 to approximately April 30, 2012. If, by May 30, 2012,
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 9th day of May, 2012.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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