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Neal v. Richardson

United States District Court, W.D. Wisconsin

February 23, 2017

DORIAN V. NEAL, Plaintiff,
v.
REED RICHARDSON, JASON ACHTERBERG and BRAD LUNDMARK, Defendants.

          ORDER

          PETER OPPENEER Magistrate Judge.

         Plaintiff Dorian V. Neal has filed a proposed civil complaint, but has neither paid the filing fee nor requested leave to proceed without prepayment. For this case to proceed, plaintiff 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 March 17, 2017.

         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 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 Dorian V. Neal may have until March 17, 2017 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 August 1, 2016 and ending approximately February 1, 2017. If, by March 17, 2017, 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.

         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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