LaBreck, Peter v. 1625 County Hwy C Rhinelander, WI 54501 et al

Filing 5

ORDER on ifp request: Plaintiff Peter Joshua LaBreck's 2 motion for leave to proceed without prepayment of the filing fee is GRANTED. Complaint taken under advisement for screening. Signed by Magistrate Judge Peter A. Oppeneer on 9/1/2017. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
PETER JOSHUA LABRECK,
Plaintiff,

ORDER

v.
Case No. 17-cv-680-jdp
1625 COUNTY HWY C RHINELANDER,
WI 54501, et al.,
Defendants.

Plaintiff Peter Joshua LaBreck, an inmate in the custody of the St. Clair County Jail in
Port Huron, Michigan, has submitted a certified inmate 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
inmate 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. § 1915A.
Because plaintiff is an inmate, 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 Peter Joshua LaBreck 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