Myles, Samuel v. Gupta, Ravi et al

Filing 3

ORDER on ifp request: Trust Fund Account Statement due 10/20/2014. Signed by Magistrate Judge Peter A. Oppeneer on 10/02/2014. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
SAMUEL HAYWOOD MYLES,
Plaintiff,

ORDER

v.
Case No. 14-cv-661-bbc
MEDICAL STAFF DOCTOR,
DOCTOR RAVI GUPTA AND
UNKNOWN NAME MEDICAL STAFF
PHARMACIST,
Defendants.

Plaintiff Samuel Haywood Myles, a prisoner in the custody of the Federal Bureau of
Prisons, has filed a proposed civil complaint. Plaintiff requests leave to proceed without
prepayment of the filing fee. To the extent plaintiff wishes to proceed without prepaying the
filing fee, and because plaintiff is incarcerated, plaintiff must comply with the Prisoner
Litigation Reform Act (PLRA). The PLRA requires plaintiff to submit a certified copy of
plaintiff’s inmate account statement (or institutional equivalent) for the six-month period
immediately preceding the date of the complaint. 28 U.S.C. § 1915(a)(2). Plaintiff has
failed to submit the necessary inmate account statement.
For this case to proceed, plaintiff must submit the certified account statement no later
than October 20, 2014. If plaintiff is found to be 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.

If plaintiff does not submit the six-month inmate account

statement, I will assume that plaintiff wishes to withdraw this action voluntarily.

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ORDER
IT IS ORDERED that plaintiff Samuel Haywood Myles may have until October 20,
2014 to submit a trust fund account statement for the period beginning approximately
March 24, 2014 and ending approximately September 24, 2014. If, by October 20, 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 2nd day of October, 2014.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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