Stewart, Winford v. Dane Co. Jail Deputies et al

Filing 3

ORDER on ifp request: Plaintiff to submit Trust fund account statement. Trust Fund Account Statement due 3/10/2014. Signed by Magistrate Judge Peter A. Oppeneer on 2/14/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
WINFORD MOSES STEWART,
Plaintiff,

ORDER

v.
Case No. 14-cv-97-wmc
DANE CO. JAIL DEPUTIES AND DR. KIM,
Defendants.

Plaintiff Winford Moses Stewart, an inmate in custody at the Dane County Jail in
Madison, Wisconsin, has filed a proposed civil complaint along with a motion for leave to
proceed in forma pauperis. (Dkt. # 2). The court cannot consider the motion, however,
because it lacks information regarding plaintiff’s eligibility for indigent status.
To the extent that plaintiff wishes to proceed in forma pauperis, because he is jail, 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 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 inmate account statement no later than
March 10, 2014.

ORDER
IT IS ORDERED that plaintiff Winford Moses Stewart may have until March 10,
2014 to submit the $400 filing fee or an inmate account statement for the period beginning
approximately August 10, 2013 and ending approximately February 10, 2014. If, by March
10, 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 14th day of February, 2014.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge