DeBauche, David v. WI Dept. of Corrections et al

Filing 15

ORDER granting plaintiff David D. DeBauche's motion to waive the initial partial filing fee in case no. 17-cv-454; granting plaintiff's motion for leave to proceed without prepayment of the filing fee in case no. 17-cv-524. Complaint taken under advisement for screening in each case. Signed by Magistrate Judge Peter A. Oppeneer on 7/14/2017. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DAVID D. DEBAUCHE,
Plaintiff,
v.

ORDER
Case No. 17-cv-454-wmc

WI DEPT. OF CORRECTIONS, et al.,
Defendants.
DAVID D. DEBAUCHE,
Plaintiff,
v.

ORDER
Case No. 17-cv-524-wmc

WI DEPT. OF CORRECTIONS, et al.,
Defendants.
In case no. 17-cv-424, I entered an order on June 27, 2017, assessing plaintiff David D.
DeBauche, an initial partial payment of $1.57 due by July 19, 2017. Now plaintiff has
submitted a declaration, along with a copy of his inmate trust account statement from June 17
through June 23, 2017, in which plaintiff states that he currently does not have funds available
to submit the $1.57 initial partial. Dkt. 13. After reviewing the most recent trust account
statement plaintiff provided, 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, I will waive
the $1.57 initial partial filing fee assessed in this case. However, 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.
On July 6, 2017, plaintiff filed case no. 17-cv-524, but did not paid the $400 filing fee
nor submitted a motion for leave to proceed without prepayment of the filing fee in this case.

However, because plaintiff requests leave to proceed without prepayment of the filing fee and
filed a trust fund account statement in case no. 17-cv-454, I will construe plaintiff’s complaint
in case 17-cv-524 to include a request to proceed without prepayment of the filing fee by
adopting the motion for leave to proceed without prepayment of the filing fee (dkt. 4), sixmonth trust fund account statement (dkt. 11) and declaration (dkt. 13) filed in case no. 17cv-454. I will grant plaintiff’s request for leave to proceed without prepaying the filing fee in
17-cv-524, but will not assess an initial partial filing fee in this case. As with case 17-cv-454,
even if this court ultimately determines that plaintiff’s complaint cannot go forward in 17-cv524, plaintiff is advised that the full $350 filing fee for this case remains plaintiff’s obligation.
See 28 U.S.C. § 1915A.
As previously mentioned in the June 27 order entered in 14-cv-454, because plaintiff is
a prisoner, plaintiff is subject to the Prison Litigation Reform Act, which requires the court to
screen the complaint in each of these cases 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.

Plaintiff David D. DeBauche’s motion to waive the initial partial filing fee in
case nos. 17-cv-454 is GRANTED.

2.

Plaintiff’s motion for leave to proceed without prepayment of the filing fee in
case no. 17-cv-524 is GRANTED.

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3.

No further action will be taken in these cases until the court has screened the

complaint in each case 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 July, 2017.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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