Rodriguez, Eric v. Haines, Timothy et al

Filing 14

Initial Order for Paid Pro Se: Plaintiff complaint taken under advisement. Plaintiff's 12 motion for leave to proceed without prepayment of the fees is DENIED as unnecessary. Signed by Magistrate Judge Peter A. Oppeneer on 4/30/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
ERIC RODRIGUEZ,
Plaintiff,

ORDER

v.
Case No. 14-cv-86-wmc
TIMOTHY HAINES, et al.
Defendants.

On March 11, 2014, I directed plaintiff Eric Rodriguez to either pay the $400 filing
fee or submit a properly supported motion for leave to proceed without prepayment of the
filing fee. Plaintiff has paid the $400 filing fee, but he has also submitted a motion for leave
to proceed without prepayment of fees. Plaintiff’s motion will be denied as unnecessary.
Although plaintiff has paid the $400 filing fee, because he is a prisoner, he is subject
to the Prison Litigation Reform Act (“PLRA”), which requires the court to screen the
complaint to determine whether any portion is frivolous or malicious, fails to state a claim on
which relief may be granted or seeks monetary relief from a defendant who is immune from
such relief.

Accordingly, the court will take plaintiff’s complaint under advisement for

screening.

ORDER
IT IS ORDERED that
1.

Plaintiff Eric Rodriguez’s complaint is taken under advisement pursuant to 28

U.S.C. § 1915A. Plaintiff will be notified promptly when such a decision has been made. In

the meantime, if plaintiff needs to communicate with the court about his case, he should be
sure to write the case number shown above on his communication.
2.

Plaintiff’s motion for leave to proceed without prepayment of the fees, dkt. 12,

is DENIED as unnecessary.

Entered this 30th day of April, 2014.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge