Osley, Timothy v. La Crosse County Jail
Filing
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ORDER on ifp request: Plaintiff to submit Trust Fund Account Statement. Trust Fund Account Statement due 6/17/2015. Signed by Magistrate Judge Peter A. Oppeneer on 5/27/2015. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
TIMOTHY SCOTT OSLEY,
Plaintiff,
ORDER
v.
Case No. 15-cv-314-jdp
LA CROSSE COUNTY JAIL,
Defendant.
Plaintiff Timothy Scott Osley, an inmate at the La Crosse County Jail, has filed a
proposed civil complaint. Plaintiff requests leave to proceed without prepayment of the filing
fee. Plaintiff is an inmate 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 June 17, 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 Timothy Scott Osley may have until June 17, 2015 to
submit a trust fund account statement for the period beginning approximately November 20,
2014 and ending approximately May 20, 2015.
If, by June 17, 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 27th day of May, 2015.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge
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