It, Anthony v. Benderak et al

Filing 4

ORDER on ifp request: Plaintiff Anthony K. It may have until 5/3/2018 to submit six-month Trust Fund Account Statement. Signed by Magistrate Judge Peter A. Oppeneer on 4/12/2018. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
ANTHONY K. IT,
Plaintiff,

ORDER

v.
Case No. 18-cv-250-wmc
OFFICER BENDERAK, et al.,
Defendants.

Plaintiff Anthony K. It, a prisoner in the custody of the Wisconsin Department of
Corrections, has submitted a proposed civil action under 42 U.S.C. § 1983. Plaintiff has filed
a copy of a trust fund account statement in support of his motion for leave to proceed without
prepaying the fee. However, a decision regarding plaintiff’s indigency status cannot be made
at this time because the trust fund account statement plaintiff submitted does not cover the
entire six-month period immediately preceding the filing of the complaint.
Plaintiff has submitted a statement for the month of March 2018. Instead, plaintiff
must submit a certified copy of a trust fund account statement for the entire six-month period
immediately preceding the filing of the complaint beginning approximately October 8, 2017
and ending approximately April 8, 2018. 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).

ORDER
IT IS ORDERED that plaintiff Anthony K. It may have until May 3, 2018 to submit a
certified trust fund account statement for the period beginning approximately October 8, 2017

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and ending approximately April 8, 2018. If, by May 3, 2018, 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 12th day of April, 2018.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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