Mayfield, Howard v. Peissig, Emily et al

Filing 5

ORDER that Plaintiff to submit complete six month Trust Fund Account Statement by 4/15/2020. Signed by Magistrate Judge Peter A. Oppeneer on 03/25/2020. (aom),(ps) Modified on 3/30/2020 (nln).

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
HOWARD MAYFIELD,
Plaintiff,

ORDER

v.

Case No. 20-cv-269-bbc

EMILY PEISSIG, et al
Defendants.

In an order entered on March 25, 2020, plaintiff Howard Mayfield was told that before
I could consider a request to proceed without prepayment of the filing fee, plaintiff would have
to submit a trust fund account statement covering the six-month period preceding the filing of
the compliant to determine if plaintiff qualifies for indigent status and if so, assess an initial
partial payment of the $350 filing fee. A decision regarding plaintiff’s indigency status cannot
be made at this time because the trust fund account statement submitted does not cover the
entire six-month period immediately preceding the filing of the complaint.
Plaintiff has submitted a statement for January and February, 2020. 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 six-month period immediately
preceding the filing of the complaint beginning approximately September 25, 2019 and ending
approximately March 25, 2020. 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 Howard Mayfield may have an enlargement of time
until April 15, 2020 to submit a certified trust fund account statement for the period beginning
approximately September 25, 2019 and ending approximately March 25, 2020. If, by April
15, 2020, 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 25th day of March, 2020.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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