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Wingo v. Department of Corrections

United States District Court, W.D. Wisconsin

May 16, 2018

ANDRE WINGO, Plaintiff,
v.
DEPARTMENT OF CORRECTIONS, STATE OF WISCONSIN, Defendants.

          ORDER

          PETER OPPENEER MAGISTRATE JUDGE.

         Plaintiff Andre Wingo 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 June 7, 2018.

         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 Andre Wingo may have until June 7, 2018 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 November 16, 2017 and ending approximately May 16, 2018. If, by June 7, 2018, 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.

         ORDER

         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)

...


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