Marley, Tevon v. Columbia Correctional Institution et al

Filing 8

ORDER on ifp request: Certified Six-Month Trust Fund Account Statement due 10/7/2016. Signed by Magistrate Judge Peter A. Oppeneer on 9/15/2016. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
TEVON MARLEY,
Plaintiff,

ORDER

v.
Case No. 16-cv-609-bbc
COLUMBIA CORRECTIONAL
INSTITUTION, et al.
Defendants.

Plaintiff Tevon Marley, a prisoner in the custody of the Wisconsin Department of
Corrections, has filed a proposed civil complaint.

Plaintiff is a prisoner and, therefore,

subject to the 1996 Prisoner Litigation Reform Act. Plaintiff has requested leave to proceed
without prepayment of the filing fee, and submitted several uncertified monthly inmate
transaction statements to support this request.

These statements are insufficient to

determine whether plaintiff qualifies for indigent status 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.
For this case to proceed, plaintiff must submit the certified trust fund account
statement no later than October 7, 2016. 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.

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ORDER
IT IS ORDERED that plaintiff Tevon Marley may have until October 7, 2016 to
submit a certified trust fund account statement for the period beginning approximately
February 29, 2016 and ending approximately August 30, 2016. If, by October 7, 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 15th day of September, 2016.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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