Rzeplinski, James v. Maassen, Tammy et al

Filing 2

ORDER on ifp request: Plaintiff to submit $400 filing fee or a Trust fund account statement. Fee or Trust Fund Account Statement due 12/23/2014. Signed by Magistrate Judge Peter A. Oppeneer on 12/1/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JAMES RZEPLINSKI,
Plaintiff,

ORDER

v.
Case No. 14-cv-820-jdp
TAMMY MAASSEN, ET AL.,
Defendants.

Plaintiff James Rzeplinski, a prisoner in the custody of the Wisconsin Department of
Corrections, has filed a proposed civil complaint, but has neither paid the $400 filing fee nor
requested leave to proceed without prepayment of the filing fee.

However, plaintiff did

submit a check in the amount of $350, which was returned because the fee for filing a civil
complaint is $400. For this case to proceed, plaintiff must pay the $400 filing fee or submit
a properly supported motion for leave to proceed without prepayment of the filing fee so the
court can determine whether plaintiff qualifies for indigent status.
A motion for leave to proceed without prepayment of the filing fee must be
accompanied by a certified copy of plaintiff’s inmate trust fund account statement (or
institutional equivalent) for the six-month period immediately preceding the date of the
complaint. 28 U.S.C. § 1915(a)(2). 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 James Rzeplinski may have until December 23, 2014
to submit the $400 filing fee or a motion for leave to proceed without prepayment and a
trust fund account statement for the period beginning approximately May 14, 2014 and
ending approximately November 14, 2014.

If, by December 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 1st day of December, 2014.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge