McLaurin, Freddie v. Hag
ORDER that plaintiff is granted an enlargement of time to December 27, 2011, in which to submit a trust fund account statement covering the period beginning approximately May 5, 2011 and ending approximately November 5, 2011. Signed by Magistrate Judge Stephen L. Crocker on 12/5/2011. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
FREDDIE T. MCLAURIN, JR.,
C.C.I. OFFICER C/O HAG,
On November 10, 2011, I directed plaintiff Freddie McLaurin to submit his six-month
trust fund account statement so that I could assess an initial partial payment of the $350 fee for
filing this case. In response to this order, plaintiff has submitted a canteen account statement
for the day of July 5, 2011 along with a letter in which he says that is the only trust fund
account statement that he has. This one-day statement is not enough. I will construe plaintiff’s
letter as a motion for an extension of time to submit the required six-month statement and I will
extend plaintiff’s deadline to submit his trust fund account statement until December 27, 2011.
According to 28 U.S.C. § 1915 (a)(2), a prisoner’s account statement must be for the sixmonth period immediately preceding the filing of the complaint. Congress has dictated the
manner in which how fees are calculated for prisoners filing federal lawsuits and appeals, and I
have no discretion to modify this method. Therefore, if plaintiff intends to pursue his request
to proceed in forma pauperis in this lawsuit, he will need to submit a full six-month trust fund
account statement that covers the period beginning May 5, 2011 and ending November 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 § 1915(e)(2). If plaintiff fails to provide his statement, this case will be closed.
IT IS ORDERED that plaintiff Freddie McLaurin is GRANTED an enlargement of time
to December 27, 2011, in which to submit a trust fund account statement covering the period
beginning approximately May 5, 2011 and ending approximately November 5, 2011. If, by
December 27, 2011, plaintiff fails to respond to this order, the clerk of court is directed to close
this file without prejudice to plaintiff's filing his case at a later date.
Entered this 5th day of December, 2011.
BY THE COURT:
STEPHEN L. CROCKER
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?