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)
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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