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Buchanan v. Dane County Sheriff Dept.

United States District Court, W.D. Wisconsin

August 23, 2016

TERRENCE BUCHANAN and ISAAC TORRES, Plaintiffs,
v.
DANE COUNTY SHERIFF DEPT., et al., Defendants.

          ORDER

          PETER OPPENEER MAGISTRATE JUDGE

         Plaintiffs Terrence Buchanan and Isaac Torres, inmates in the custody of the Dane County Jail, have filed a proposed civil complaint, but plaintiff Torres has neither paid the filing fee nor requested leave to proceed without prepayment. For this case to proceed, plaintiff Torres must pay the $400 filing fee or submit a properly supported motion for leave to proceed without prepayment of the filing fee no later than September 14, 2016.

         A motion for leave to proceed without prepayment of the filing fee must be accompanied by a certified copy of plaintiff’s inmate trust fund account statement (or institutional equivalent) for the six-month period immediately preceding the date of the complaint. 28 U.S.C. § 1915(a)(2). If I find that plaintiff Torres 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 Isaac Torres may have until September 14, 2016 to submit the $400 filing fee or a motion for leave to proceed without prepayment and a trust fund account statement for the period beginning approximately February 6, 2016 and ending approximately August 6, 2016. If, by September 14, 2016, plaintiff Torres 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.

         PRISONER REQUEST TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING THE FULL FILING FEE

         Answer the following questions to the best of your ability.

         Note: If you do not tell the truth, the court may dismiss your lawsuit.

         I. Personal Information

         1) Your name: ______

         (a) State the place of your incarceration and provide your prisoner identification number:

________________________________
________________________________
(place)
(number)

         (b) Are you employed ...


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