Crowley, Timothy v. Stun-Tech Inc. et al

Filing 2

ORDER on ifp request: Plaintiff to submit $400 filing fee or motion and trust fund account statement. Fee or Trust Fund Account Statement due 1/30/2015. Signed by Magistrate Judge Peter A. Oppeneer on 1/7/2015. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
TIMOTHY CROWLEY,
Plaintiff,

ORDER

v.
Case No. 15-cv-6-wmc
STUN-TECH INC., et al.
Defendants.

Plaintiff Timothy Crowley, a patient at the Mendota Mental Health Institute in
Madison, Wisconsin, has filed a proposed civil complaint. Plaintiff has neither paid the filing
fee nor requested leave to proceed without prepayment of the filing fee. Plaintiff’s complaint
indicates that he was recently confined at Green Bay Correctional Institution, so it is not
clear if plaintiff is a presently a prisoner or a non-prisoner patient at the Mendota Mental
Health Institute. Nevertheless, for this case to proceed, plaintiff must either pay the $400
filing fee or submit a properly supported motion for leave to proceed without prepayment of
the filing fee no later than January 30, 2015.
A motion for leave to proceed without prepayment of the filing fee must be
accompanied by a certified copy of plaintiff’s resident 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 plaintiff was confined at any other institution during
the six-month period immediately preceding the filing of this lawsuit, between July 1, 2014
and December 31, 2014, he must write to that institution to request a certified copy of his
trust fund account statement for the relevant time period. If I find that plaintiff is indigent, I

will calculate an initial partial payment amount that plaintiff will have to prepay toward the
filing fee.

ORDER
IT IS ORDERED that plaintiff Timothy Crowley may have until January 30, 2015 to
submit the $400 filing fee or a motion for leave to proceed without prepayment of the filing
fee along with trust fund account statement(s) for the period beginning approximately July 1,
2014 and ending approximately December 31, 2014. If, by January 30, 2015, 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 7th day of January, 2015.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge