Childs, Marcuss v. Beahm, Joseph et al

Filing 3

ORDER on ifp request: Plaintiff to submit Trust fund account statement. Trust Fund Account Statement due 3/13/2013. Signed by Magistrate Judge Peter A. Oppeneer on 2/12/2013. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
MARCUSS P. CHILDS,
Plaintiff,

ORDER
13-cv-96-bbc

v.
JOSEPH BEAHM, DANIEL BREAMER,
RYAN TOBIASZ, JOHN DOE 1, JOHN DOE 2,
JOHN DOE 3, JOHN DOE 4, JOHN DOE 5,
JOHN DOE 6, JOHN DOE 7 and
EDWARD F. WALL,
Defendants.

Plaintiff Marcuss Childs, a prisoner at Waupun Correctional Institution in Waupun,
Wisconsin, has submitted a proposed complaint. He requests leave to proceed informa 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.
Plaintiffs initial partial payment cannot be calculated at this time because he has not submitted
a trust fund account statement with his complaint.
Plaintiffs complaint was filed on February 7, 2013. His trust fund account statement
should cover the six-month period beginning approximately August 7, 2012 and ending
approximately February 7, 2013. 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 plaintiffs six-month trust fund account statement to this court.

ORDER
ITIS ORDERED that plaintiff Marcuss Childs may have until March 13,2013, in which
to submit a certified copy of his trust fund account statement for the period beginning
approximately August 1, 2012 and ending approximately February 1, 2013. If, by March 13,
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
plaintiffs filing his case at a later date.

Entered this 12 th day of February, 2013.
BY THE COURT:

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PETEROPPENE
Magistrate Judge

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