Sanchez, Gerzon v. Kohlway, Jane et al
ORDER on ifp request: Complaint taken under advisement for screening. Signed by Magistrate Judge Peter A. Oppeneer on 2/7/2018. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
Case No. 18-cv-82-bbc
JANE E. KOHLWAY, et al.
Plaintiff Gerzon Sanchez, a prisoner in the custody of the Sauk County Jail in
Baraboo, Wisconsin, 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.
IT IS ORDERED that,
The motion filed by plaintiff Gerzon Sanchez for leave to proceed without
prepayment of the filing fee is GRANTED.
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 7th day of February, 2018.
BY THE COURT:
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?