D'Lamatter, Thomas v. Richardson, Reed et al

Filing 5

ORDER on ifp request: Plaintiff to submit Trust Fund Account Statement. Trust Fund Account Statement due 5/6/2015. Signed by Magistrate Judge Peter A. Oppeneer on 4/20/2015. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
THOMAS D'LAMATTER,
Plaintiff,

ORDER

v.
Case No. 15-cv-221-bbc
REED RICHARDSON, et al.,
Defendants.

Plaintiff Thomas D'Lamatter, 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 May 6, 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.

1

ORDER
IT IS ORDERED that plaintiff Thomas D'Lamatter may have until May 6, 2015 to
submit a trust fund account statement for the period beginning approximately October 6,
2014 and ending approximately April 6, 2015. If, by May 6, 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 20th day of April, 2015.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

2