Lindell, Nathaniel v. Hamblin, Gary et al

Filing 4

ORDER on ifp request: Complaint taken under advisement for screening. Signed by Magistrate Judge Peter A. Oppeneer on 9/6/2012. (elc),(ps)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN NATHANIEL ALLEN LINDELL, ORDER Plaintiff, f 12-CV-646-wm v. GARY H. HAMBLIN, CHARLES E. COLE, DENNIS SCHUH, ISMAEL OZANNE, CHARLES FACKTOR, WELCOME F. ROSE, TOM GOZINSKE, TIMOTHY HAINES, PETER HUIBREGTSE, GARY BOUGHTON, ELLEN K. RAY, KELLYTRUMM, SGT. THOMAS HANKE and LINDA OATMAN, Defendants. Plaintiff Nathaniel Lindell, a prisoner at the Wisconsin Secure Program F dlity in Boscobel, Wisconsin, has submitted a proposed complaint. He requests leave to procee informa pauperis. From plaintiff's trust account statements, it appears that plaintiff present!. has no means with which to pay an initial partial payment of the $350 fee for filing his co plaint. However, plaintiff should be aware that he is obligated to pay the $350 filing fee, eV n if this court determines that he will not be permitted to proceed with his complaint in form pauperis and even ifhe 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 then the I funds exist. i Accordingly, IT IS 0 RDERED that plaintiff Nathaniel Lindell's complaint is tarn under advisement. As soon as the court's calendar pennits, plaintiff's complaint will be.lscreened pursuant to 28 U.S.c. § 1915(e)(2) to determine whether the case must be dismissFd either i because the complaint is frivolous or malicious, fails to state a claim on which relief may be granted or seeks monetary relief against a defendant who is immune from such relieLj Plaintiff 1 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 record~ reflect that plaintiff Lindell owes the $350 fee for filing this case, in accordance with the requi~ements I of the Prison Litigation Reform Act. Entered this 6 th day of September, 2012. BY THE COURT: 7?~O~AV-- PETER OPPENE~ Magistrate Judge 2

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