Kuslits, John et al v. Stoudt, Paula et al

Filing 2

ORDER that plaintiffs are to each submit a $400 filing for a motion to proceed without prepayment of fees and a trust fund account statement. Response to order due 1/19/2016. Signed by Magistrate Judge Peter A. Oppeneer on 12/28/2015. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JOHN KUSLITS AND DENNIS HESS,
Plaintiffs,

ORDER

v.
Case No. 15-cv-809-bbc
PAULA STOUDT, CAPTAIN SCHACHT,
CAPTAIN LUNDMARK AND REED
RICHARDSON,
Defendants.

Plaintiffs John Kuslits and Dennis Hess, prisoners in the custody of the Wisconsin
Department of Corrections, have submitted a proposed civil action under 42 U.S.C. § 1983.

Although plaintiffs have joined their claims in one complaint, each is bringing an action
subject to the Prisoner Litigation Reform Act (PLRA), and will be obligated to pay the
full fee for filing the action. Boriboune v. Berge, 381 F.3d 852, 856 (7th Cir. 2004). For
this case to proceed, each plaintiff must either pay a $400 filing fee or submit a properly
supported motion for leave to proceed without prepayment of the filing fee no later than
January 19, 2016.
A motion for leave to proceed without prepayment of the filing fee must be
accompanied by a certified copy of the plaintiff’s inmate trust fund account statement (or
institutional equivalent) for the six-month period immediately preceding the date of the
complaint. 28 U.S.C. § 1915(a)(2). If I find that a 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, that plaintiff will be required to
pay the balance of the filing fee in installments.

ORDER
IT IS ORDERED that plaintiffs John Kuslits and Dennis Hess may have until January
19, 2016 to each submit a $400 filing fee or a motion for leave to proceed without
prepayment and a trust fund account statement for the period beginning approximately June
14, 2015 and ending approximately December 14, 2015.

If, by January 19, 2016, any

plaintiff fails to respond to this order, I will assume that plaintiff wishes to withdraw from
this action voluntarily.

Entered this 28th day of December, 2015.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge