Rivera, Natanael v. Schultz, Machael et al

Filing 5

ORDER on ifp request: Plaintiff to submit Trust fund account statement. Trust Fund Account Statement due 4/26/2012. Signed by Magistrate Judge Stephen L. Crocker on 4/5/2012. (jef),(ps)

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

NATANAEL RIVERA,
Plaintiff,

ORDER
12-cv-240-bbc

v.
CORRECTIONAL OFFICER MACHEAL SCHULTZ,
MINNING, PETERSON, GEORGE JIMENEZ,
TOMES COMPBALL, COMMEING, NUMEKE, ROUSE,
TINGLY, PETER ERICKSEN, MICHEAL BAENEN,
SARAH COOPER and JOHN DOE 1-12
Defendants.

Plaintiff Natanael Rivera, a prisoner at the Green Bay Correctional Institution in Green
Bay, Wisconsin, has submitted a proposed complaint and a proposed amended complaint, both
dated March 18, 2012. He requests leave to proceed in forma 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. Plaintiff's initial partial
payment cannot be calculated at this time because he has not submitted a trust fund account
statement with his complaints.
Plaintiff's complaints were filed on March 18, 2012. His trust fund account statement
should cover the six-month period beginning approximately September 18, 2011 and ending
approximately March 18, 2012. 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 complaints 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 plaintiff’s six-month trust fund account statement to this court.

ORDER
IT IS ORDERED that plaintiff Natanael Rivera may have until April 26, 2012, in which
to submit a certified copy of his trust fund account statement for the period beginning
approximately September 18, 2011 and ending approximately March 18, 2012. If, by April 26,
2012, plaintiff fails to respond to this order, I will assume that he wishes to withdraw this action
voluntarily. In that event, the clerk of court is directed to close this case without prejudice to
plaintiff's filing his case at a later date.

Entered this 5th day of April, 2012.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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