Lamont, Walker, v. Cox, Burton et al
Filing
3
ORDER on ifp request: Plaintiff to submit Trust fund account statement. Trust Fund Account Statement due 11/17/2015. Signed by Magistrate Judge Peter A. Oppeneer on 10/27/2015. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
WALKER, LAMONT,
Plaintiff,
ORDER
v.
Case No. 15-cv-686-jdp
DR. BURTON COX, et al.,
Defendants.
Plaintiff Walker, Lamont 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 with this case, plaintiff will have to make an initial partial
payment of the filing fee.
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 November 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.
ORDER
IT IS ORDERED that plaintiff Walker, Lamont may have until November 17, 2015
to submit a trust fund account statement for the period beginning approximately April 26,
2015 and ending approximately October 26, 2015. If, by November 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 October, 2015.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?