Garner, Oscar v. Kirby

Filing 6

ORDER on ifp request: Trust Fund Account Statement due 8/29/2014. Signed by Magistrate Judge Peter A. Oppeneer on 8/11/2014. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
OSCAR GARNER,
Plaintiff,

ORDER

v.
Case No. 14-cv-545-jdp
OFFICER KIRBY,
Defendant.

Plaintiff Oscar Garner, 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).
For this case to proceed, plaintiff must submit the certified trust fund account
statement no later than August 29, 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.

ORDER
IT IS ORDERED that plaintiff Oscar Garner may have until August 29, 2014 to
submit a trust fund account statement for the period beginning approximately February 3,
2014 and ending approximately August 3, 2014. If, by August 29, 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 11th day of August, 2014.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge