Payano, Tony v. Potter, Thomas et al
ORDER on ifp request: Plaintiff to submit Trust fund account statement. Trust Fund Account Statement due 1/4/2012. Signed by Magistrate Judge Stephen L. Crocker on 12/14/2012. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
THOMAS L. POTTER and GREGORY D. GRAMS,
Plaintiff Tony Payano, a prisoner at Wisconsin Secure Program Facility in Boscobel,
Wisconsin, has submitted a proposed complaint. 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 complaint.
Plaintiff's complaint was filed on December 5, 2012. His trust fund account statement
should cover the six-month period beginning approximately June 5, 2012 and ending
approximately December 5, 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 complaint 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.
IT IS ORDERED that plaintiff Tony Payano may have until January 4, 2013, in which
to submit a certified copy of his trust fund account statement for the period beginning
approximately June 5, 2012 and ending approximately December 5, 2012. If, by January 4,
2013, 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 14th day of December, 2012.
BY THE COURT:
STEPHEN L. CROCKER
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