Edwards, Tremayne v. Haines, Tim et al
Filing
5
ORDER on ifp request: Petitioner to submit $400 filing fee or a trust fund account statement by 1/29/2014. Signed by Magistrate Judge Peter A. Oppeneer on 1/10/2014. (elc),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
TREMAYNE EDWARDS ,
Plaintiff,
ORDER
v.
Case No. 13-cv-882-wmc
TIM HAINES AND
JOHN DOE (1) OFFICER,
Defendants.
Plaintiff Tremayne Edwards , a prisoner incarcerated at the Wisconsin Secure Prison
Facility in Boscobel, Wisconsin, has filed a proposed civil complaint and a motion for leave to
proceed without prepayment of the filing fee; however, he has not included the required
certified copy of his trust fund account statement for the previous six months. For this case
to proceed, plaintiff must pay the $400 filing fee or submit a certified copy of his trust fund
account statement for the period immediately preceding the date of the complaint no later
than January 29, 2014.
A motion for leave to proceed without prepayment of the filing fee must be
accompanied by a certified copy of plaintiff’s inmate trust fund account statement (or
institutional equivalent) for the six-month period immediately preceding the date of the
complaint.
28 U.S.C. § 1915(a)(2).
Plaintiff submitted his motion to proceed without
prepayment at the time he filed the complaint. If I find that plaintiff is indigent, I will
calculate an initial partial payment amount that must be paid before the court can screen the
merits of the complaint under 28 U.S.C. § 1915(e)(2). Thereafter, plaintiff will be required
to pay the balance of the filing fee in instalments.
ORDER
IT IS ORDERED that plaintiff Tremayne Edwards may have until January 29, 2014
to submit the $400 filing fee or a trust fund account statement for the period beginning
approximately June 30, 2013 and ending approximately December 30, 2013. If, by January
29, 2014, plaintiff fails to respond to this order, I will assume that plaintiff wishes to
withdraw this action voluntarily. In that event, the case will be closed without prejudice to
plaintiff filing the case at a later date.
Entered this 10th day of January, 2013.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge
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