Juarez, Elpidio v. Walter, Carroll et al

Filing 57

ORDER that plaintiff Elpidio Juarez submit $505 appellate filing fee or Trust Fund Account Statement by 8/25/2017. Signed by Magistrate Judge Peter A. Oppeneer on 8/3/2017. (nln),(ps)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN ELPIDIO JUAREZ, Plaintiff, ORDER v. ANTHONY HENTZ, CAROL WALTER and JEAN FELBER, Appeal No. 17-2458 Case No. 16-cv-181-jdp Defendants. Plaintiff Elpidio Juarez has filed a notice of appeal from the court’s July 7, 2017 order and requests leave to proceed without prepaying the $505 appellate filing fee. Although plaintiff has filed a motion for leave to proceed without payment of the appellate filing fee, plaintiff neglected to include a certified trust fund account statement (or institutional equivalent) as required by the federal in forma pauperis statute, 28 U.S.C. § 1915(a)(2). Accordingly, the court cannot consider plaintiff’s motion at this time. ORDER IT IS ORDERED that plaintiff Elpidio Juarez may have until August 25, 2017 to either (1) pay the $505 appellate docketing fee; or (2) submit a certified trust fund account statement for the six-month period preceding the filing of the appeal in compliance with 28 U.S.C. § 1915(a)(2). Failure to comply as directed may result in the dismissal of this appeal. Entered this 3rd day of August, 2017. BY THE COURT: /s/ PETER OPPENEER Magistrate Judge

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