Grandy, Rickey v. Baenen, Michael et al

Filing 5

ORDER that plaintiff Rickey Grandy is granted an enlargement of time to March 10, 2014, in which to submit a six-month trust fund account statement. Signed by Magistrate Judge Peter A. Oppeneer on 2/6/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
RICKEY GRANDY,
Plaintiff,

ORDER

v.
Case No. 14-cv-42-wmc
WARDEN, MICHAEL BAENEN,
DR. RICHARD HEIDORN, M.D.,
JEANANNE ZWIERS (“MANAGER”),
R.N. MARY, OFFICIAL EVWARE AND
OFFICIAL SCHISEL,
Defendants.

On January 27, 2014, plaintiff Rickey Grandy was directed to submit his six-month
trust fund account statement to this court to support a determination that he is entitled to
proceed in forma pauperis, and if so, calculate an initial partial payment of the $350 fee for
filing this case. In response to the January 27, 2014 order, plaintiff has submitted a letter in
which he states that the business office at the Waupun Correctional Institution has refused
to provide plaintiff with the required trust fund account statement. Plaintiff asks this court
to issue an order directing the business office to provide the statement to the court. In his
letter, plaintiff does not explain why prison officials are refusing to release the necessary sixmonth trust fund account statement or whether plaintiff has completed the necessary paper
work to secure a copy of the trust fund account statement. It may be that plaintiff feels he is
entitled to a free copy of his trust fund account statement, believing that prison staff cannot
charge him for copies of this document. Plaintiff is incorrect. As with any type of legal
expense, plaintiff must budget to pay for copies of his trust fund account statement or seek a
legal loan to do so.

Since plaintiff has not yet submitted a copy of his trust fund account statement for
the appropriate time period, I will construe his letter as a motion for extension of time and
extend the deadline for plaintiff to submit his trust fund account statement until March 10,
2014.

Plaintiff’s trust fund account statement should cover the period beginning

approximately August 21, 2013, and ending approximately January 21, 2014. Once plaintiff
has submitted the necessary statement, I 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 28 U.S.C. § 1915(e)(2). If plaintiff fails to provide his statement, this case will be
closed.

ORDER
IT IS ORDERED that plaintiff Rickey Grandy is GRANTED an enlargement of time
to March 10, 2014, in which to submit a trust fund account statement for the period
beginning August 21, 2013, and ending approximately January 21, 2014. If, by March 10,
2014, plaintiff fails to respond to this order, I will assume that he wishes to withdraw this
action voluntarily. In that case, the case will be closed without prejudice to plaintiff's filing
his case at a later date.

Entered this 6th day of February, 2014.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge