Schmidt, Travanti v. Reynolds

Filing 5

ORDER that plaintiff is granted an enlargement of time to submit Trust fund account statement. ( Trust Fund Account Statement due 12/17/2013. ) Signed by Magistrate Judge Peter A. Oppeneer on 11/27/2013. (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.
On November 18, 2013, this court directed plaintiff Travanti Schmidt to either pay the
$400 filing fee or, if he wished to proceed in forma pauperis, to submit a six-month trust fund
account statement so that the court could determine whether plaintiff is indigent, and if so,
assess him an initial partial payment of the filing fee. In response to this order, plaintiff has
submitted a canteen account statement for the four-day period beginning November 19, 2013
and ending November 22, 2013. This four-day statement is not enough. I will construe
plaintiff’s submission as a motion for an extension of time to submit the required six-month
statement and I will extend plaintiff’s deadline to submit his trust fund account statement until
December 17, 2013.
According to 28 U.S.C. § 1915 (a)(2), a prisoner’s account statement must be for the sixmonth period immediately preceding the filing of the complaint. Congress has dictated the
manner in which how fees are calculated for prisoners filing federal lawsuits and appeals, and the
court has no discretion to modify this method. Therefore, if plaintiff intends to pursue his
request to proceed in forma pauperis in this lawsuit, he will need to submit a full six-month trust
fund account statement that covers the period beginning May 14, 2013 and ending

November 14, 2013. Once plaintiff has submitted the necessary statement, the court will
calculate his initial partial payment and advise him of the amount he will have to pay before the
court can screen the merits of his complaint under § 1915(e)(2). If plaintiff fails to provide his
statement, this case will be closed.

ORDER
IT IS ORDERED that plaintiff Travanti Schmidt is GRANTED an enlargement of time
to December 17, 2013, in which to submit a trust fund account statement covering the period
beginning approximately May 14, 2013 and ending approximately November 14, 2013. If, by
December 17, 2011, plaintiff fails to respond to this order, this case will be dismissed without
prejudice and without further notice pursuant to Fed. R. Civ. P. 41(b).

Entered this 27th day of November, 2013.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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