Parrish, Kenneth v. McCulloch, Deborah et al

Filing 38

ORDER Construing Notice of Appeal as Request to Proceed ifp. Trust Fund Account Statement due 4/21/2014. Signed by District Judge Barbara B. Crabb on 4/1/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - KENNETH PARRISH,
Plaintiff,

ORDER

v.

12-cv-750-bbc

DEBORAH McCULLOCH and
WILLIAM PARKER,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Judgment was entered in this case on January 31, 2014, after defendants prevailed
on their’ motion for summary judgment. Now plaintiff has filed a notice of appeal. Because
the notice is not accompanied by the $505 fee for filing his appeal, I construe it as including
a request for leave to proceed on appeal in forma pauperis.
Plaintiff’s request is governed by the 1996 Prison Litigation Reform Act, which means
that this court must determine first whether plaintiff’s request must be denied either because
he has three strikes against him under 28 U.S.C. § 1915(g) or because the appeal is not
taken in good faith. Plaintiff does not have three strikes against him, and I do not intend
to certify that his appeal is not taken in good faith.
The only other hurdle to plaintiff’s proceeding with his appeal in forma pauperis is
the requirement that he make an initial partial payment of the filing fee that has been

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calculated from a certified copy of his trust fund account statement for the six-month period
immediately preceding the filing of his notice of appeal. 28 U.S.C. § 1915(a)(2). Plaintiff
has not submitted the necessary trust fund account statement. Until he does so, I cannot
determine whether he is indigent and, if he is, the amount of his initial partial payment.
Accordingly, IT IS ORDERED that plaintiff may have until April 21, 2014, in which
to submit a certified copy of his trust fund account statement for the six-month period from
approximately September 26, 2013 to March 26, 2014. If, by April 21, 2014, plaintiff fails
to submit the required trust account statement or show cause for his failure to do so, I will
deny his request for leave to proceed in forma pauperis on the ground that he has failed to
show that he is entitled to indigent status on appeal.
Entered this 1st day of April, 2014.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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