Theus, Jerome v. Hanrahan, William

Filing 4

ORDER on ifp request: Plaintiff to submit Trust fund account statement. Trust Fund Account Statement due 1/30/2015. Signed by Magistrate Judge Peter A. Oppeneer on 1/7/2015. (jef),(ps)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN JEROME ANTHONY THEUS, Plaintiff, ORDER v. Case No. 15-cv-7-bbc WILLIAM E. HANRAHAN, Defendant. Plaintiff Jerome Anthony Theus, 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 sixmonth 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. For this case to proceed, plaintiff must submit the certified account statement no later than January 30, 2015. 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. 1 ORDER IT IS ORDERED that plaintiff Jerome Anthony Theus may have until January 30, 2015 to submit a trust fund account statement for the period beginning approximately July 1, 2014 and ending approximately January 1, 2015. 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 2

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