Pickett, Daniel et al v. Foster, Brian et al
Filing
9
ORDER on ifp request: Complaint taken under advisement for screening. Signed by Magistrate Judge Peter A. Oppeneer on 9/1/2017. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DANIEL PATRICK PICKETT,
Plaintiff,
ORDER
v.
Case No. 17-cv-674-jdp
BRIAN FOSTER, et al.
Defendants.
Plaintiff Daniel Patrick Pickett, a prisoner in the custody of the Wisconsin
Department of Corrections, has submitted a certified trust fund account statement for the six
month period preceding the filing of the complaint in support of the motion to proceed
without prepayment of the filing fee.
Using information for the relevant time period from
plaintiff’s trust fund account statement, 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,
the court will grant plaintiff’s motion for leave to proceed without prepayment of the filing
fee, but will not assess an initial partial filing fee. 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. § 1915(b)(2).
Because plaintiff is a prisoner, plaintiff is subject to the Prison Litigation Reform Act,
which requires the court to screen the complaint 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.
The motion filed by plaintiff Daniel Patrick Pickett for leave to proceed
without prepayment of the filing fee is GRANTED.
2.
No further action will be taken in this case until the court has screened the
complaint 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 1st day of September, 2017.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge
2
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