Tessen, Robert v. Nelson, Capt. et al

Filing 4

ORDER on ifp request: Plaintiff Robert W. Tessen's 2 motion for leave to proceed without prepayment of the filing fee is GRANTED. Complaint taken under advisement for screening. Signed by Magistrate Judge Peter A. Oppeneer on 10/14/2016. (nln),(ps)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN ROBERT W. TESSEN, Plaintiff, ORDER v. Case No. 16-cv-666-jdp CAPT. NELSON, SGT. D. BOETCHER, and OFFICER L.P.L. (?), Defendants. Plaintiff Robert W. Tessen, an inmate in the custody of the Portage County Jail, has submitted a 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 Robert W. Tessen 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 14th day of October, 2016. BY THE COURT: /s/ PETER OPPENEER Magistrate Judge 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?