Awe, Kenneth v. Wisconsin Department of Corrections Region 8 Office et al

Filing 9

ORDER on ifp request: Complaint taken under advisement for screening. Signed by Magistrate Judge Peter A. Oppeneer on 6/14/2018. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
KENNETH VALENTINE AWE,
Plaintiff,

ORDER

v.
Case No. 18-cv-372-wmc
WISCONSIN DEPARTMENT OF
CORRECTIONS REGION 8 OFFICE, et al.
Defendants.

On May 23, 2018, plaintiff Kenneth Valentine Awe, an inmate in the custody of the
Grant County Jail, was assessed $5.00 as an initial partial filing fee in this case.

Now,

plaintiff has submitted a request to waive his initial partial payment along with a recent
inmate account statement showing that there have been no deposits to his account since he
received the May 23 order and that he has had a $0.00 balance for the past month.
Accordingly, 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 Kenneth Valentine Awe 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 14th day of June, 2018.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

2