Rozak, Ryan v. Hepp, Randall et al
Filing
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ORDER on ifp request: Plaintiff to submit Trust Fund Account Statement. Trust Fund Account Statement due 4/27/2015. Signed by Magistrate Judge Peter A. Oppeneer on 4/8/2015. (jef),(ps)
45-IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
RYAN K. ROZAK,
Plaintiff,
ORDER
v.
Case No. 15-cv-207-jdp
WARDEN RANDALL HEPP, GEORGE COOPER,
MARK SCHOMISCH, HOLLY MEIER, MR. PAUH
AND MR. OTTO,
Defendants.
Plaintiff Ryan K. Rozak, 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 27, 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 Ryan K. Rozak may have until April 27, 2015 to
submit a trust fund account statement for the period beginning approximately October 3,
2014 and ending approximately April 3, 2015.
If, by April 27, 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 8th day of April, 2015.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge
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