Roeben, Henry v. Home Depot

Filing 2

ORDER that plaintiff is to submit the $400 fee or a motion for leave to proceed ifp and a court-approved complaint form. Fee or motion and complaint form due 10/4/2013. Signed by Magistrate Judge Peter A. Oppeneer on 9/19/2013. (jef),(ps)

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

HENRY W. ROEBEN
Plaintiff,

ORDER
13-cv-641-wmc

v.
HOME DEPOT,
Defendant.

The court has received a “Notice of Federal Lawsuit” from the plaintiff, Henry W.
Roeben, who alleges age discrimination and wrongful termination by his former employer, Home
Depot. In an abundance of caution, the court has filed this notice as a formal pleading or
complaint for relief. The current state of these pleadings are deficient, which means this case
cannot yet proceed, for two reasons.
First, plaintiff has neither paid the $400 filing fee for a civil action in federal district court
nor submitted a request for leave to proceed in forma pauperis without prepayment of the fee.
Assuming that plaintiff wishes to proceed in forma pauperis, he will be required to complete the
enclosed petition and affidavit to support a determination that he is entitled to proceed in forma
pauperis. See 28 U.S.C. § 1915(a)(1).
Second, plaintiff has not filed his complaint on a form approved for use by this court.
Before this court can entertain plaintiff’s claims, he must file a complaint setting out a short and
plain statement of the facts underlying his claim for relief. See Fed. R. Civ. P. 8(a). He must also
identify by name in the caption of that complaint all of the persons he intends to sue. To assist
plaintiff, the clerk’s office will provide along with this order an approved form for use by pro se
litigants filing a civil action in federal court.

ORDER
IT IS ORDERED that plaintiff Henry Roeben may have until October 4, 2013, to submit
the following:
(1)

a complaint on the form provided by the clerk’s office; and

(2)

the filing fee ($400) or a properly supported request for leave to
proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a)(1).

Plaintiff is directed to respond to the best of his ability. If plaintiff fails to respond or
comply as directed by October 4, 2013, the court will assume that he wishes to withdraw this
action voluntarily. In that event, his case will be dismissed without prejudice under Fed. R. Civ.
P. 41(a) and closed for administrative purposes without further notice.

Entered this 19th day of September, 2013.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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