Bradley, Brandon v. Kessnich, Michelle et al

Filing 5

ORDER granting plaintiff's motion for leave to proceed without prepayment of the filing fee. Complaint taken under advisement for screening pursuant to 28 U.S.C. § 1915(e)(2). Signed by Magistrate Judge Peter A. Oppeneer on 6/30/2020. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
BRANDON D. BRADLEY, SR.,
Plaintiff,
v.
MICHELLE KESSNICH, et al.

ORDER
Case No. 20-cv-562-jdp

Defendants.
On June 19, 2020, I entered an order assessing plaintiff an initial partial payment of
$0.45 due by July 10, 2020, in the above case. On June 24, 2020, plaintiff submitted a
declaration of indigency and request to waive the $0.45 initial partial payment in this case.
Using information from plaintiff’s declaration and re-evaluating 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 for the above case. Even if this court ultimately
determines that plaintiff’s complaint cannot go forward, plaintiff is advised that the full $350
filing fee for this case 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 in this case 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 Brandon D. Bradley, Sr. for leave to proceed without

prepayment of the filing fee in the above case is GRANTED.
2.

No further action will be taken in this case until the court has screened the

complaint as required by the Prison Litigation Reform Act, 28 U.S.C. § 1915(e)(2). Once the
screening process is complete, a separate order will issue.
Entered this 30th day of June, 2020.

BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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