Winston, Michael et al v. Dittman, Michael et al

Filing 5

ORDER that plaintiffs Michael L. Winston and Jeremiah Felton may have until 10/13/2017 to submit a Trust Fund Account Statement. Signed by Magistrate Judge Peter A. Oppeneer on 9/21/2017. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
MICHAEL L. WINSTON and
JEREMIAH FELTON,
ORDER
Plaintiffs,
v.

Case No. 17-cv-714-jdp

WARDEN MICHAEL DITTMAN,
LINDSEY WALKER and JOHN DOES (1-10),
Defendants.

Plaintiffs Michael L. Winston and Jeremiah Felton have filed a proposed civil
complaint. Plaintiff Jeremiah Felton has neither paid the $400 filing fee nor requested leave to
proceed without prepayment of the filing fee. However, plaintiff Winston has filed a motion
to waive prepayment of fees and/or costs. Dkt. 2. To the extent plaintiffs wish to proceed
without prepaying the filing fee, they must each submit a certified copy of a trust fund account
statement (or institutional equivalent) for the six-month period immediately preceding the date
of the complaint.
This court uses one method for determining indigency status for prisoner litigants set
forth in 28 U.S.C. § 1915(b)(1). From a six-month trust fund account statement covering the
period immediately preceding the filing of the complaint, the court calculates two amounts,
20% of a plaintiff’s average monthly income and 20% of a plaintiff’s average monthly balance.
Whichever amount is greater is the amount the plaintiff will have to prepay toward the $350
filing fee. The plaintiff will qualify for indigent status with respect to the remainder of the fee.
(The in forma pauperis statute does not permit a court to entirely waive a plaintiff’s obligation

to pay filing fees. All it does is allow a court to grant qualifying individuals leave to proceed
without prepaying some or all of the filing fee.)
Plaintiffs may have until October 13, 2017 to each submit a certified trust fund account
statement. If plaintiffs are found to be indigent, I will calculate an initial partial payment
amount for each plaintiff that must be paid before the court can screen the merits of the
complaint under 28 U.S.C. § 1915(e)(2). Thereafter, plaintiffs will be required to pay the
balance of the filing fee in installments. If plaintiffs do not submit a six-month trust fund
account statement, I will assume that they wish to withdraw this action voluntarily.

ORDER
IT IS ORDERED that:
1.

Plaintiffs Michael L. Winston and Jeremiah Felton may have until October 13,

2017 to each submit a certified trust fund account statement for the period beginning
approximately March 7, 2017 and ending approximately September 7, 2017.
If, by October 13, 2017, plaintiffs fails to respond to this order, I will assume that
plaintiffs wish to withdraw this action voluntarily. In that event, the case will be closed without
prejudice to plaintiffs filing the case at a later date.

Entered this 21st day of September, 2017.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge