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)

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

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