Flournoy, Michael v. Himel, Frank et al

Filing 3

ORDER on ifp request: Plaintiff to submit Trust fund account statement. Trust Fund Account Statement due 3/24/2015. Signed by Magistrate Judge Peter A. Oppeneer on 2/2/2015. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
MICHAEL FLOURNOY,
Plaintiff,

ORDER

v.
Case No. 15-cv-66-jdp
FRANK J. HIMEL, et al.
Defendants.

Plaintiff Michael Flournoy, a prisoner in the custody of the United States Bureau of
Prisons, 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.
For this case to proceed, plaintiff must submit the certified account statement no later
than February 24, 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.

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ORDER
IT IS ORDERED that plaintiff Michael Flournoy may have until February 24, 2015
to submit a trust fund account statement for the period beginning approximately July 27,
2014 and ending approximately January 27, 2015. If, by February 24, 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 2nd day of February, 2015.
___
BY THE COURT:

/s/

PETER OPPENEER
Magistrate Judge

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