Jones, Michael v. Swenson et al

Filing 5

ORDER that plaintiff is to submit either the $400 filing fee or a motion for leave to proceed without prepayment and a trust fund account statement by 3/11/2014. Signed by Magistrate Judge Peter A. Oppeneer on 2/24/2014. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
MICHAEL J. JONES,
Plaintiff,

ORDER

v.
Case No. 14-cv-109-wmc
OFFICERS: SWENSON, CAUDILLO AND
PRESTON,
Defendants.

Plaintiff Michael J. Jones, a prisoner incarcerated at the Columbia Correctional
Institution in Portage, Wisconsin, has filed a proposed civil complaint, but has neither paid
the filing fee nor requested leave to proceed without prepayment. For this case to proceed,
plaintiff must pay the $400 filing fee or submit a properly supported motion for leave to
proceed without prepayment of the filing fee no later than March 11, 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). 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 installments.

ORDER
IT IS ORDERED that plaintiff Michael J. Jones may have until March 11, 2014 to
submit the $400 filing fee or a motion for leave to proceed without prepayment and a trust

fund account statement for the period beginning approximately August 11, 2013 and ending
approximately February 11, 2014. If, by March 11, 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 24th day of February, 2014.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge