Smith, Walter v. Lind, Beth et al

Filing 4

ORDER on ifp request: Plaintiff to submit Trust fund account statement. Trust Fund Account Statement due 12/19/2014. Signed by Magistrate Judge Peter A. Oppeneer on 11/25/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
WALTER SMITH,
Plaintiff,

ORDER

v.
Case No. 14-cv-796-wmc
BETH LIND, ET AL.,
Defendants.

Plaintiff Walter Smith, a prisoner in the custody of the Wisconsin Department of
Corrections, 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).

Although

plaintiff submitted an inmate trust account statement, the statement was not certified.
For this case to proceed, plaintiff must submit a certified inmate account statement no
later than December 19, 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 a certified, 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 Walter Smith may have until December 19, 2014 to
submit a certified trust fund account statement for the period beginning approximately May
19, 2014 and ending approximately November 19, 2014. If, by December 19, 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 25th day of November, 2014.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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