Randolph, Oshay v. Fuchs, Larry et al

Filing 3

ORDER that Plaintiff submit a Trust Fund Account Statement due 3/9/2021. Signed by Magistrate Judge Peter A. Oppeneer on 02/16/21. (aom),(ps)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN OSHAY RANDOLPH, v. Plaintiff, ORDER Case No. 21-cv-108-wmc LARRY FUCHS, et al Defendants. Plaintiff Oshay Randolph has filed a proposed civil complaint and requested leave to proceed without prepaying the filing fee. To evaluate plaintiff’s request to proceed without prepayment of the filing fee, I must review a certified copy of plaintiff’s inmate trust fund account statement (or institutional equivalent) for the six-month period immediately preceding the filing of the complaint. 28 U.S.C. § 1915(a)(2). For this case to proceed, plaintiff must submit the certified trust fund account statement no later than March 9, 2021. If I find that plaintiff is indigent, I will calculate an initial partial payment amount that must be paid before the court can screen the merits of the complaint under 28 U.S.C. § 1915(e)(2). Thereafter, plaintiff will be required to pay the balance of the filing fee in installments. ORDER IT IS ORDERED that plaintiff Oshay Randolph may have until March 9, 2021 to submit a trust fund account statement for the period beginning approximately August 16, 2020 and ending approximately February 16, 2021. If, by March 9, 2021, 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 16th day of February, 2021. BY THE COURT: /s/ PETER OPPENEER Magistrate Judge

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