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

Filing 8

ORDER on ifp request: Trust Fund Account Statement due 7/5/2017. Signed by Magistrate Judge Peter A. Oppeneer on 6/13/2017. (jef),(ps)

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

ORDER

v.
Case No. 17-cv-454-wmc
WI DEPT. OF CORRECTIONS, et al.
Defendants.

Plaintiff David D. DeBauche, 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 an uncertified May 2017 monthly
account statement to support this request.

This statement is 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 July 5, 2017. 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 David D. DeBauche may have until July 5, 2017 to
submit a certified trust fund account statement for the period beginning approximately
December 12, 2016 and ending approximately June 12, 2017. If, by July 5, 2017, 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 13th day of June, 2017.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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