Opinion
08-cv-584-slc.
October 10, 2008
ORDER
Petitioner Donald Davis, a prisoner at the Rock County jail in Janesville, Wisconsin, has submitted a proposed complaint. He requests leave to proceed in forma pauperis. A decision on the request will be delayed until petitioner pays an initial partial payment of the $350 filing fee as required by 28 U.S.C. § 1915(b) and the 1996 Prison Litigation Reform Act. Petitioner's initial partial payment cannot be calculated at this time because he has not submitted a trust fund account statement with his complaint.
Petitioner's complaint was submitted on September 28, 2008. His trust fund account statement should cover the six-month period beginning approximately March 28, 2008 and ending approximately September 29, 2008. Once petitioner has submitted the necessary statement, I will calculate his initial partial payment and advise him of the amount he will have to pay before the court can screen the merits of his complaints under 28 U.S.C. § 1915(e)(2).
ORDER
IT IS ORDERED that petitioner may have until October 30, 2008, in which to submit a trust fund account statement for the period beginning approximately March 28, 2008 and ending approximately September 29, 2008. If, by October 30, 2008, petitioner fails to respond to this order, I will assume that he wishes to withdraw this action voluntarily and, in that case, the clerk of court is directed to close this file without prejudice to petitioner's filing his case at a later date.