Smith, Damien v. City of Madison Special Investigation Unit et al

Filing 3

ORDER on ifp request: Plaintiff to submit Trust Fund Account Statement. Trust Fund Account Statement due 4/24/2015. Signed by District Judge Barbara B. Crabb on 4/1/2015. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DAMIEN D. SMITH,
Plaintiff,

ORDER

v.
Case No. 15-cv-203-bbc
CITY OF MADISON SPECIAL
INVESTIGATIONS UNIT, et al.
Defendants.

Plaintiff Damien D. 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.

Plaintiff is a prisoner and, therefore, subject to the 1996

Prisoner Litigation Reform Act.

This means that before this court may decide whether

plaintiff can proceed in forma paupers, plaintiff will have to make an initial partial payment of
the filing fee for this case. The initial partial payment cannot be calculated at this time
because plaintiff has not submitted a certified copy of plaintiff’s inmate trust fund account
statement (or institutional equivalent) for the six-month period immediately preceding the
filing of the complaint. 28 U.S.C. § 1915(a)(2).
For this case to proceed, plaintiff must submit the certified trust fund account
statement no later than April 24, 2015. 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.

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ORDER
IT IS ORDERED that plaintiff Damien D. Smith may have until April 24, 2015 to
submit a trust fund account statement for the period beginning approximately August 1,
2014 and ending approximately April 1, 2015.

If, by April 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 1st day of April, 2015.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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