Collins Bey, Robert v. Haines, Tim et al

Filing 6

ORDER on ifp request: Complaint taken under advisement for screening. Signed by Magistrate Judge Peter A. Oppeneer on 9/12/2013. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

ROBERT L. COLLINS BEY,
ORDER
Plaintiff,
v.

13-cv-618-bbc

TIM HAINES, Warden,
PETER HUIBREGTSE, Warden former,
MICHAEL MEISNER, Warden at CCI,
TONY ASHWORTH, Unit Manager at CCI,
SARA MASON, Captain/Unit Manager,
MARY MILLER, H.S.M.,
CINDY SAWINSKI, H.S.M. former,
KAREN ANDERSON, H.S.M. at CCI,
CYNTHIA M. THORPE, N.C. and A.V.A.;
Dr. STEVEN, at W.S.P.F. former,
Dr. JAMES THORPE, at W.S.P.F. former,
Dr. JAMES WOMMACK, at W.S.P.F. former,
Dr. WILLIAM GISWOLD, at CCI and
Dr. JOHN DOE, at CCI,
Defendants.

Plaintiff Robert L. Collins Bey, a prisoner at the Wisconsin Secure Program Facility in
Boscobel, Wisconsin, has submitted a proposed complaint. He requests leave to proceed in forma
pauperis. From plaintiff's trust fund account statement, it appears that plaintiff presently has no
means with which to make an initial partial payment of the $350 fee for filing his complaint.
However, plaintiff should be aware that he is obligated to pay the $350 filing fee, even if this
court determines that he will not be permitted to proceed with his complaint in forma pauperis
and even if he does not presently have funds with which to pay the fee. 28 U.S.C. § 1915(b)(1).
His account will be monitored and the fee must be taken in monthly installments when the
funds exist.

Accordingly, IT IS ORDERED that plaintiff’s complaint is taken under advisement. As
soon as the court’s calendar permits, plaintiff’s complaint will be screened pursuant to 28 U.S.C.
§ 1915(e)(2). Leave to proceed in forma pauperis will not be granted if the action must be
dismissed as malicious or legally “frivolous,” a term that means that the complaint does not
allege a claim of any kind. Leave can be denied also if the complaint does not state a claim on
which plaintiff could obtain relief under the law or if plaintiff is asking for money from a
defendant who is legally protected from having to pay money in his case. Plaintiff will be
notified promptly when such a decision has been made.
Further, the Clerk of Court is requested to insure that the court’s financial records reflect
that plaintiff owes the $350 fee for filing this case, in accordance with the requirements of the
Prison Litigation Reform Act.

Entered this 12th day of September, 2013.

BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge