Vanderbilt, June v. Colvin, Carolyn

Filing 5

ORDER on ifp request: Petitioner to submit Trust Fund Account Statement by 12/13/2013. Signed by Magistrate Judge Peter A. Oppeneer on 11/22/13. (rep)

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

JUNE VANDERBILT,
Plaintiff,

ORDER

v.
13-cv-711-wmc
CAROLYN COLVIN,
Acting Commissioner of Social Security,
Defendant.

Plaintiff June Vanderbilt, an inmate at the Columbia County Jail in Portage, Wisconsin
has filed a suit pursuant to 42 U.S.C. § 405(g) for review of a final decision of the Commissioner
of Social Security denying plaintiff’s application for social security disability benefits. 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 submitted a motion for leave to proceed in forma
pauperis, however the court cannot determine whether she is indigent for the purpose of filing
complaint until she submits an inmate account statement for the six-month period immediately
preceding the filing.
Plaintiff's complaint was filed on October 10, 2013. Her inmate account statement
should cover the six-month period beginning approximately April 10, 2013 (or from the day she
began her period of incarceration, if that date is later than April 10, 2013) and ending
approximately October 10, 2013.
Plaintiff will have to provided a copy of her account statement if she intends to pursue
her request for leave to proceed in forma pauperis. If plaintiff fails to submit the required

statement within the deadline set below, the court will assume she does not wish to proceed with
this action and this case will be closed.

ORDER
IT IS ORDERED that plaintiff June Vanderbilt may have until December 13, 2013, in
which to submit a certified copy of her inmate account statement beginning approximately April
10, 2013 and ending approximately October 10, 2013. If, by December 13, 2013, plaintiff fails
to submit the required statement or show cause of her failure to do so, I will assume that she
wishes to withdraw this action voluntarily and, in that case, the clerk of court is directed to close
this file without prejudice to plaintiff’s filing her case at a later date.
Entered this 22nd day of November, 2013.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge

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