DeBauche, David v. James et al
Filing
2
ORDER that plaintiff is to submit the $400 filing fee or a motion for ifp and trust fund account statement. Fee or Motion and Trust Fund Account Statement due 8/28/2013. Signed by Magistrate Judge Peter A. Oppeneer on 8/5/2013. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DAVID DeBAUCHE,
Plaintiff,
ORDER
13-cv-553-wmc
CORRECTIONAL OFFICER JAMES
and JOHN DOES 1-100,
Defendants.
Plaintiff David DeBauche, a prisoner incarcerated in the Wisconsin Department of
Corrections at the Columbia Correctional Institution, 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 in
forma 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 in forma pauperis. For this case to proceed,
plaintiff must pay the $400 filing fee or submit a properly supported motion for leave to
proceed in forma pauperis no later than August 28, 2013.
In the event that he requests leave to proceed in forma 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 forma 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 forma pauperis must include a
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 August 28, 2013, plaintiff David DeBauche shall pay the $400
filing fee or submit a properly supported motion for leave to proceed in forma
pauperis together with a certified copy of his inmate trust fund account
statement for the six-month period from the date of the complaint (July 31,
2013 through at least January 31, 2013).
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 5th day of August, 2013.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge
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