Allen, Raequon v. Mahoney, David et al

Filing 6

ORDER providing plaintiff an enlargement of time, to July 27, 2016, to submit his trust fund account statement. Signed by Magistrate Judge Peter A. Oppeneer on 7/13/2016. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
RAEQUON DEWRELL ALLEN,
Plaintiff,

ORDER

v.

Case No. 16-cv-410-wmc

DAVID J. MAHONEY, ET AL.,
Defendants.

In an order entered on June 14, 2016, plaintiff Raequon Dewrell Allen was told that
before I could consider a request to proceed without prepayment of the filing fee, plaintiff
would have to submit a trust fund account statement covering the six-month period
preceding the filing of the complaint to determine if plaintiff qualifies for indigent status and
if so, assess an initial partial payment of the $350 filing fee. On July 11, 2016, plaintiff
submitted a letter, dkt. #5, to the court stating he has been sent to another institution and is
unable to access a trust fund account statement because his account at the prior facility was
closed when he was transferred to his current location.
For this case to proceed, plaintiff only needs to submit a six-month certified copy of a
trust fund account statement from the institution where he is currently located—Dodge
Correctional Institution. Plaintiff does not need to submit a trust fund account statement
from any other institution he was previously located. Accordingly, I will construe plaintiff’s
letter as a request for an extension of time to obtain a trust fund account statement from the
institution he is currently located, and submit it to the court by July 27, 2016.

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ORDER
IT IS ORDERED that plaintiff Raequon Dewrell Allen may have an enlargement of
time until July 27, 2016 to submit a certified trust fund account statement for the period
beginning approximately December 8, 2015 and ending approximately June 8, 2016. If, by
July 27, 2016, 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 13th day of July, 2016.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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