Thacker, Devon et al v. All sureties which indemnify Wis. against defendants' misconduct et al

Filing 7

ORDER that plaintiff Devon Thacker to submit six-month Trust Fund Account Statement by 9/11/2017. Signed by Magistrate Judge Peter A. Oppeneer on 8/21/2017. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DEVON THACKER,
Plaintiff,

ORDER

v.
Case No. 17-cv-624-wmc
ALL SURETIES WHICH INDEMNIFY
WIS. AGAINST DEFENDANTS’
MISCONDUCT, et al.,
Defendants.

On August 16, 2017, I entered an order denying plaintiff Devon Thacker’s motion to
use his release account funds to pay the full $400 filing fee for this case and directing plaintiff
to either submit the $400 filing fee or a motion for leave to proceed without prepaying the
filing fee along with a six-month trust fund account statement. On August 21, 2017, plaintiff
submitted a motion for leave to proceed without prepayment on the filing fee along with a
trust fund account statement from August 12 through August 18, 2017. This statement is
insufficient to determine whether plaintiff qualifies for indigent status because the trust fund
account statement does not cover the six-month period immediately preceding the filing of the
complaint.
For this case to proceed, plaintiff must submit the certified six-month trust fund account
statement no later than September 11, 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 Devon Thacker may have until September 11, 2017 to
submit a certified trust fund account statement for the period beginning approximately
February 14, 2017 and ending approximately August 14, 2017. If, by September 11, 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 21st day of August, 2017.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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