White, Erik v. Douglas County Jail et al

Filing 3

ORDER on ifp request: Trust Fund Account Statement due 12/1/2014. Signed by Magistrate Judge Peter A. Oppeneer on 11/10/2014. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
ERIK DEMETRIUS WHITE,
Plaintiff,

ORDER

v.
Case No. 14-cv-759-wmc
DOUGLAS COUNTY JAIL AND KEITH TANULA,
Defendants.

Plaintiff Erik Demetrius White, an inmate at St. Louis County Jail in Duluth,
Minnesota, 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.
However, in plaintiff’s motion to proceed without prepayment of the filing fee (dkt.
#2), plaintiff states he is unable to obtain a prison account statement because he is currently
not in prison, but rather has been incarcerated at St. Louis County Jail for the past six
months. The PLRA does not require plaintiff to submit a prison account statement, it only
requires plaintiff to submit an inmate account statement for the six-month period immediately
preceding the date of the complaint. Plaintiff may request an inmate account statement from
the appropriate official at St. Louis County Jail.

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Accordingly, for this case to proceed, plaintiff must submit a certified inmate account
statement no later than December 1, 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.

ORDER
IT IS ORDERED that plaintiff Erik Demetrius White may have until December 1,
2014 to submit a certified inmate account statement for the period beginning approximately
May 2, 2014 and ending approximately November 2, 2014.

If, by December 1, 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 10th day of November, 2014.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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