Davis, Glenn v. Josheph, Dr. et al
Filing
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ORDER on ifp request: Plaintiff to submit motion for leave to proceed in forma pauperis and a trust fund account statement or filing fee. Motion and trust fund account statement or filing fee due 7/11/2013. Signed by Magistrate Judge Peter A. Oppeneer on 6/19/2013. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
GLENN N. DAVIS,
ORDER
Plaintiff,
13-cv-412-wmc
DR. JOSHEPH, et ai.,
Defendants.
Plaintiff Glenn M. Davis, a prisoner incarcerated in the Wisconsin Department of
Corrections at the Milwaukee Secure Detention Facility, has filed a proposed civil action
under 42 U.S.c. § 1983. With the exception of habeas corpus proceedings, the fee for civil
actions filed after May 1, 2013 is $400 unless a litigant qualifies as indigent under the
federal infonna pauperis statute, 28 U.S.c. § 1915, in which case the fee is $350. Plaintiff
has neither paid the filing fee nor requested leave to proceed infonna pauperis. For this case
to proceed, plaintiff must pay the $400 filing fee or submit a properly supported motion for
leave to proceed infonna pauperis no later than July 11,2013.
In the event that he requests leave to proceed infonna pauperis, plaintiff is advised that
he must comply with the Prisoner Litigation Reform Act (PLRA), 28 U.S.c. § 1915(b),
which requires indigent inmates to pay by installment the entire filing fee for civil actions
and appeals. The federal in fonna pauperis statute does not permit a court to waive a
prisoner's entire obligation to pay filing fees, but it does allow a qualifying individual to
proceed without prepaying some or all of the filing fee.
To determine whether plaintiff
qualifies as indigent, any motion for leave to proceed in fonna pauperis must include a
OJ
certified copy of his inmate trust fund account statement (or institutional equivalent) for the
six-month period immediately preceding the date of his complaint. 28 U.S.C. § 1915(a)(2).
ORDER
IT IS ORDERED that:
1.
No later than July 11,2013, plaintiff Glenn M. Davis shall pay the $400 filing
fee or submit a properly supported motion for leave to proceed in fonna
pauperis together with a certified copy of his inmate trust fund account
statement for the six-month period from the date of the complaint (June 7,
2013 through at least December 7, 2012).
2.
Plaintiff is advised that, if he fails to comply as directed or show cause
of his failure to do so, the court will assume that he does not wish to
proceed and this case will be dismissed without further notice pursuant
to Fed. R. Civ. P. 41 (a).
Entered this 19th day of June, 2013.
BY THE COURT:
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