Rivera, Natanael v. Dinse et al

Filing 5

ORDER that plaintiff may have until August 10, 2012, in which to submit a supplemental trust fund account statement. Signed by Magistrate Judge Stephen L. Crocker on 7/19/2012. (jef),(ps)

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

12-cv-509-bbc

CORRECTIONAL OFFICIALS DINSE,
MICHAEL BAENEN, AMY BASTEN,
LEGOIS, CATHY FRANCOIS,
CHARLES COLE, WELCOME ROSE,
CATHY JESS and JOHN or JANE DOES 1-20,
Defendants.

__________________________________________________________________________________
Plaintiff Natanael Rivera, a prisoner at the Green Bay Correctional Institution in Green
Bay, Wisconsin, has submitted a proposed complaint. I can construe his complaint to include
a request for leave to proceed in forma pauperis, however, because plaintiff is a prisoner, he is
required by 28 U.S.C. § 1915(b) and the 1996 Prison Litigation Reform Act to pay an initial
partial payment of the $350 filing fee. Plaintiff's initial partial payment cannot be calculated
at this time because he has not submitted a full six-month trust fund account statement with his
complaint.
Plaintiff's complaint was filed on July 16, 2012. His trust fund account statement should
cover the six-month period beginning approximately January 16, 2012 and ending approximately
July 16, 2012. Instead, plaintiff submitted a trust fund covering just four months of the relevant
period. Therefore, plaintiff must supplement the trust found account information that he has
already provided. Plaintiff will need to submit an trust fund account statement for the period
between April 11, 2012 and July 16, 2012. Once plaintiff has submitted the supplemental
account information, 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).

Plaintiff should show a copy of this order to institution officials to insure that they are aware
they should send a copy of plaintiff’s account statement to this court.

ORDER
IT IS ORDERED that plaintiff Natanael Rivera may have until August 10, 2012, in
which to submit a supplemental trust fund account statement for the period beginning
approximately April 11, 2012 and ending approximately July 16, 2012. If, by August 10, 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 19th day of July, 2012.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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