Schmidt, Travanti v. Reynolds
Filing
3
ORDER on ifp request: Plaintiff to submit $400 or trust fund account statement. Trust Fund Account Statement or $400 fee due 12/10/2013. Signed by Magistrate Judge Peter A. Oppeneer on 11/18/2013. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
TRAVANTI SCHMIDT,
Plaintiff,
v.
ORDER
13-cv-810-wmc
SERGEANT REYNOLDS,
Defendant.
Plaintiff Travanti Schmidt, a prisoner incarcerated in the Wisconsin Department of
Corrections at the Wisconsin Secure Program 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 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. (Dkt. # 2). The court cannot
consider this motion, however, because it lacks information regarding plaintiff’s eligibility
for indigent status.
To the extent that plaintiff wishes to proceed in forma pauperis, 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 a prisoner qualifies as indigent, his 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).
Plaintiff has failed to satisfy this
requirement.
Until plaintiff pays the fee or provides documentation in support of his request for
indigent status, the court will take no further action in this case. Accordingly, plaintiff must
either pay the $400 filing fee or submit a copy of his trust fund account statement no later
than December 10, 2013.
ORDER
IT IS ORDERED that:
1.
No later than December 10, 2013, plaintiff Travanti Schmidt shall pay the
$400 filing fee or submit a certified copy of his trust fund account statement
for the six-month period from the date of the complaint (November 14, 2013
through at least May 14, 2013).
2.
Plaintiff is advised that, if he fails to comply as directed or show cause
of his failure to do so, this case will be dismissed without prejudice and
without further notice pursuant to Fed. R. Civ. P. 41(b).
Entered this 18th day of November, 2013.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?