Garner, Oscar v. Sumnicht, Paul et al

Filing 4

ORDER on ifp request: Plaintiff to submit Trust fund account statement. Trust Fund Account Statement due 1/5/2012. Signed by Magistrate Judge Peter Oppeneer on 12/14/2011. (jef: cc: plaintiff),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
OSCAR GARNER,
Plaintiff,

ORDER
II-cv-829-s1c

v.
DR. PAUL SUMNICHT,
BELINDA SCHRUBBE,
CYNTHIA THORPE and MARY GORSKE,
Defendants.

Plaintiff Oscar Gamer, a prisoner at the Waupun Correctional Institution in Waupun,
Wisconsin, has submitted a proposed complaint. He requests leave to proceed infonna pauperis.
A decision on the request will be delayed 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.
Plaintiffs initial partial payment ca~hot be calculated at this time because he has not submitted
a trust fund account statement with his complaint.
Plaintiffs complaint was filed on December 14, 20 II. His trust fund account statement
should cover the six-month period beginning approximately June 14, 20 II and ending
approximately December 14,20 II. Once plaintiff has submitted the necessary statement, the
court will calculate his initial partial payment and advise him of the amount he will have to pay
before the the merits of his complaint can be screened under 28 U.S.c. § 1915(e)(2). Plaintiff
should show a copy of this order to prison officials to insure that they are aware they should
send a copy of plaintiffs six-month trust fund account statement to this court.

ORDER
IT IS ORDERED that plaintiff Oscar Garner may have until January 5,2012, in which
to submit a certified copy of his trust fund account state ent for the period beginning
approximately June 14, 2011 and ending approximately Dece ber 14, 2011. If, by January 5,
2012, plaintiff fails to respond to this order, I will assume that e wishes to withdraw this action
voluntarily. In that event, the clerk of court is directed to clo e this case without prejudice to
plaintiffs filing his case at a later date.
Entered this 14th day of December, 2011.
BY THE COURT:

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