Jarnigan, William v. Johnson, Nicole et al

Filing 4

ORDER on ifp request: Plaintiff to submit trust fund account statement. Trust Fund Account Statement due 9/24/2014. Signed by Magistrate Judge Peter A. Oppeneer on 9/3/2014. (jef),(ps)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN WILLIAM JARNIGAN, Plaintiff, ORDER v. Case No. 14-cv-597-jdp NICOLE JOHNSON, GERE HEIM, CHARMAIN J. KLYVE AND JODI TIMMERMAN, Defendants. Plaintiff William Jarnigan, an inmate in the custody of the Rock County Jail in Janesville, Wisconsin, 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. 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 William Jarnigan may have until September 24, 2014 to submit a trust fund account statement for the period beginning approximately February 29, 2014 and ending approximately August 29, 2014. If, by September 24, 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 September, 2014. BY THE COURT: /s/ PETER OPPENEER Magistrate Judge

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