Williams, Jessie v. Monroe-Jennings, Fran

Filing 6

ORDER on ifp request: Complaint taken under advisement for screening. Signed by Magistrate Judge Stephen L. Crocker on 3/13/2012. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
_________________________________________________________________________________________
JESSIE WILLIAMS,
ORDER
Plaintiff,
v.

12-cv-135-bbc

NURSE FRIEND,
Defendant.

__________________________________________________________________________________
Plaintiff Jessie Williams, a prisoner at the Waupun Correctional Institution in
Waupun, Wisconsin, has submitted a proposed complaint. He requests leave to proceed in
forma pauperis.

From plaintiff's trust fund account statement, it appears that plaintiff

presently has no means with which to make an initial partial payment of the $350 fee for
filing his complaint. However, plaintiff should be aware that he is obligated to pay the $350
filing fee, even if this court determines that he will not be permitted to proceed with his
complaint in forma pauperis and even if he does not presently have funds with which to pay
the fee. 28 U.S.C. § 1915(b)(1). His account will be monitored and the fee must be taken
in monthly installments when the funds exist.
Accordingly, IT IS ORDERED that plaintiff’s complaint is taken under advisement.
As soon as the court’s calendar permits, plaintiff’s complaint will be screened pursuant to 28
U.S.C. § 1915(e)(2). Leave to proceed in forma pauperis will not be granted if the action must
be dismissed as malicious or legally “frivolous,” a term that means that the complaint does
not allege a claim of any kind. Leave can be denied also if the complaint does not state a
claim on which plaintiff could obtain relief under the law or if plaintiff is asking for money

from a defendant who is legally protected from having to pay money in his case. Plaintiff
will be notified promptly when such a decision has been made.
Further, the Clerk of Court is requested to insure that the court’s financial records
reflect that plaintiff owes the $350 fee for filing this case, in accordance with the
requirements of the Prison Litigation Reform Act.

Entered this 13th day of March, 2012.

BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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