McNulty, Ned v. Schimke, Larry et al

Filing 4

ORDER on ifp request: Plaintiff to submit Trust fund account statement. Trust Fund Account Statement due 6/23/2014. Signed by Magistrate Judge Peter A. Oppeneer on 6/3/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
NED CHARLES MCNULTY III,
Plaintiff,

ORDER

v.
Case No. 14-cv-391-bbc
DET. LARRY SCHIMKE, et al.,
Defendants.

Plaintiff Ned Charles McNulty, a patient at the Mendota Mental Health Institute in
Madison, Wisconsin has filed a proposed complaint under 42 U.S.C. § 1983 alleging
violations of his constitutional rights. Plaintiff requests leave to proceed without prepayment
of the filing fee and has submitted a three-month resident account statement for the period
of February 1, 2014 to April 30, 2014.
This court uses one method for determining the indigent status of all institutionalized
persons, even those like plaintiff who are not subject to the 1996 Prison Litigation Reform
Act, which requires plaintiff submit a certified copy of a resident account statement for the
entire six-month period immediately preceding the filing of the complaint.
Plaintiff will have to provide a certified copy of his resident account statement for the
entire six month period immediately preceding the filing of the complaint if he intends to
pursue his request for leave proceed without prepayment of the filing fee. Because plaintiff’s
complaint was submitted on May 14, 2014, his certified resident account statement should
cover the period beginning approximately November 14, 2013 and ending approximately
May 14, 2014. If plaintiff fails to submit the required statement within the deadline set
below, then I will assume that he wishes to withdraw this action voluntarily.

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ORDER
IT IS ORDERED that plaintiff Ned Charles McNulty may have until June 23, 2014
to submit a certified copy of his resident account statement for the period beginning
approximately November 14, 2013 and ending approximately May 14, 2014. If, by June 23,
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 3rd day of June, 2014.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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