Torry, Bobbie v. Nickel's, J. et al

Filing 7

ORDER on ifp request: Plaintiff to submit trust fund account statement. (Trust Fund Account Statement due 7/23/2014.) Plaintiff's motion for assistance in the recruitment of counsel (Dkt. #4) is DENIED without prejudice. Signed by Magistrate Judge Peter A. Oppeneer on 7/2/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
BOBBIE TORRY,
Plaintiff,

ORDER

v.
Case No. 14-cv-479-wmc
J. NICKEL’S, D. MORGAN AND
KARI LLOYD,
Defendants.

Plaintiff Bobbie Torry, a prisoner in the custody of the Wisconsin Department of
Corrections, has filed a proposed civil complaint. Plaintiff requests leave to proceed without
prepayment of the filing fee.

Because plaintiff is a prisoner, he is subject to the 1996

Prisoner Litigation Reform Act. This means that before this court may decide whether he can
proceed in forma paupers, he will have to make an initial partial payment of the filing fee for
this case. Plaintiff’s initial partial payment cannot be calculated at this time because he has
not submitted a certified copy of his inmate trust fund account statement (or institutional
equivalent) for the six-month period immediately preceding the filing of the complaint. 28
U.S.C. § 1915(a)(2).
Plaintiff has submitted a variety of monthly statements from December 2013 to May
2014. These statements are insufficient to determine if plaintiff qualifies for indigency status
because they are not certified and they do not cover the entire six-month period preceding
the filing of plaintiff’s complaint. Instead, plaintiff must submit a certified copy of a trust
fund account statement for the entire six-month period immediately preceding the filing of his
complaint.

For this case to proceed, plaintiff must submit the certified trust fund account
statement no later than July 22, 2014. 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.
In addition, plaintiff has requested court assistance in recruiting counsel. Until the
court has screened the complaint, a motion requesting the assistance of volunteer counsel is
premature. Plaintiff may renew his request after this case has been screened required by the
Prison Litigation Reform Act, 28 U.S.C. § 1915A.

ORDER
IT IS ORDERED that:
1.

Plaintiff Bobbie Torry may have until July 23, 2014 to submit a certified copy

of his trust fund account statement for the period beginning approximately December 29,
2014 and ending approximately June 29, 2014. If, by July 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.
2.

Plaintiff’s motion for assistance in the recruitment of counsel (Dkt. #4) is

DENIED without prejudice.
Entered this 2nd day of July, 2014.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge