Carter, Johnson v. Elbe, Connie et al
Filing
5
ORDER granting plaintiff's for leave to proceed without prepayment of the filing fee. Complaint taken under advisement for screening. Signed by Magistrate Judge Peter A. Oppeneer on 4/13/2016. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JOHNSON CARTER,
Plaintiff,
ORDER
v.
Case No. 16-cv-177-wmc
CONNIE ELBE, et al.
Defendants.
Plaintiff Johnson Carter, an inmate in the custody of the Lincoln County Jail, has
submitted a certified trust fund account statement for the six month period preceding the
filing of the complaint in support of the motion to proceed without prepayment of the filing
fee.
Using information for the relevant time period from plaintiff’s trust fund account
statement, it appears that plaintiff presently has no means with which to pay the filing fee or
to make an initial partial payment. Under these circumstances, the court will grant plaintiff’s
motion for leave to proceed without prepayment of the filing fee, but will not assess an initial
partial filing fee. Even if this court ultimately determines that plaintiff’s complaint cannot go
forward, plaintiff is advised that the full $350 filing fee for indigent litigants remains
plaintiff’s obligation. See 28 U.S.C. § 1915A.
Because plaintiff is an inmate, plaintiff is subject to the Prison Litigation Reform Act,
which requires the court to screen the complaint to determine whether any portion is
frivolous or malicious, fails to state a claim on which relief may be granted or seeks monetary
relief from a defendant who is immune from such relief.
ORDER
IT IS ORDERED that,
1.
The motion filed by plaintiff Johnson Carter for leave to proceed without
prepayment of the filing fee is GRANTED.
2.
No further action will be taken in this case until the court has screened the
complaint as required by the Prisoner Litigation Reform Act, 28 U.S.C. § 1915(e)(2). Once
the screening process is complete, a separate order will issue.
Entered this 13th day of April, 2016.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge
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