Sheppard, Charles v. Kartman, Mark et al

Filing 11

ORDER regarding forgery of 1 complaint. Signed by District Judge William M. Conley on 6/2/2017. (jef),(ps)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN _________________________________________________________________________________ CHARLES SHEPPARD, Plaintiff, v. ORDER 17-cv-405-wmc MARK KARTMAN, GARY BOUGHTON and WSPF PRISON FACILITY, Defendants. _________________________________________________________________________________ Someone purporting to be plaintiff Charles Sheppard submitted a proposed complaint alleging that he is a confidential informant and is being housed in a section of the Wisconsin Secure Program Facility with inmates who know of his status and wish to harm him. On May 31, 2017, the court issued a text order directing the Attorney General’s Office to alert DOC officials of Sheppard’s complaint so that they could take appropriate action, if necessary, to ensure plaintiff’s safety. (Dkt. #8.) The state responded promptly and has assured the court that Sheppard is safe and has been moved to a different location at WSPF for his safety. (Dkt. #10.) The state raises another issue, however, that requires a brief discussion. In particular, Attorney Finkelmeyer states that Sheppard recently informed the litigation coordinator at WSPF that the complaint in this case was forged by another inmate. After investigating, both the Attorney General’s Office and WSPF’s litigation coordinator believe Sheppard that this complaint was likely forged. Although the potential forgery is not an issue that needs to be resolved by this court, the background provided by Attorney Finkelmeyer raises the question whether Sheppard intends to continue pursuing this case. He has not yet paid the filing fee or filed a motion to proceed in forma pauperis. If he does neither by the June 16, 2017 deadline, this case will be dismissed without prejudice for his failure to prosecute and he will not owe a filing fee. Thus, if Sheppard does not wish to pursue this case, he can simply let that deadline pass without contacting the court. On the other hand, if Sheppard does wish to pursue this case, he should notify the court of his intent to do and should submit his trust fund account statement by June 16, 2017. Entered this 2nd day of June, 2016. BY THE COURT: /s/ _____________________________________ WILLIAM M. CONLEY District Judge 2

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