Tabbert, Derek v. Liebel et al

Filing 4

ORDER on ifp request: Plaintiff to pay $400 filing fee or submit motion for leave to proceed without prepayment of filing fee along with Trust Fund Account Statement by 10/23/2014. Signed by Magistrate Judge Peter A. Oppeneer on 10/02/2014. (nln),(ps) Modified on 10/2/2014 (nln).

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DEREK ARTHUR TABBERT,

v.

Plaintiff,

MS. LIEBEL, MR. POLLARD,
MR. MUENCHOW and MR. STRAHOTA,

ORDER
Case No. 14-cv-662-jdp

Defendants.

Plaintiff Derek Arthur Tabbert, an inmate at Waupun Correctional Institution,
has filed a proposed civil complaint. Plaintiff has neither paid the filing fee nor requested
leave to proceed without prepayment of the filing fee. For this case to move forward,
plaintiff must pay the $400 filing fee or submit a properly supported motion for leave to
proceed without prepayment of the filing fee no later than October 23 , 2014. In the
event plaintiff requests leave to proceed without prepayment, a certified copy of
petitioner’s inmate trust fund account statement for the six-month period immediately
preceding the filing of the civil complaint must be submitted. 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 pay the $400 filing fee or submit a motion for leave to
proceed without prepayment of the filing fee along with a six-month inmate account
statement, I will assume that plaintiff wishes to withdraw this action voluntarily.

ORDER
IT IS ORDERED that plaintiff Derek Arthur Tabbert may have until October 23 ,
2014 to pay the $400 filing fee or submit a motion for leave to proceed without
prepayment of the filing fee along with a trust fund account statement for the period
beginning approximately March 29, 2014 and ending approximately September 29,
2014. If, by October 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.

Entered this 2nd day of October, 2014.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge