Smith, Damien v. City of Madison et al

Filing 4

ORDER on ifp request: Trust Fund Account Statement due 11/30/2017. Signed by Magistrate Judge Peter A. Oppeneer on 11/9/2017. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DAMIEN SMITH,
Plaintiff,

ORDER

v.
Case No. 17-cv-856-bbc
CITY OF MADISON, SPECIAL
INVESTIGATIONS UNIT, SIU
DETECTIVES, et al.
Defendants.

Plaintiff Damien Smith, 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.
Plaintiff has submitted a statement for October 24, 2017 through November 6, 2017.
This statement is insufficient to determine if plaintiff qualifies for indigent status. Instead,
plaintiff must submit a certified copy of a trust fund account statement for the entire sixmonth period immediately preceding the filing of the complaint beginning approximately
May 9, 2017 and ending approximately November 10, 2017. Once the necessary statement
has been submitted, I will calculate the initial partial payment and advise plaintiff of the
amount due before the court can screen the merits of the complaint under 28 U.S.C. §
1915(e)(2).

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ORDER
IT IS ORDERED that plaintiff Damien Smith may until November 30, 2017 to
submit a certified trust fund account statement for the period beginning approximately May
9, 2017 and ending approximately November 10, 2017. If, by November 30, 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 9th day of November, 2017.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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