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Case: 3:13-cv-00641-wmc Document #: 2 Filed: 09/19/13 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WISCONSIN



HENRY W. ROEBEN

v.

HOME DEPOT,

Plaintiff,

Defendant.

ORDER

13-cv-641-wmc

The court has received a “Notice of Federal Lawsuit” from the plaintiff, Henry W.

Roeben, who alleges age discrimination and wrongful termination by his former employer, Home

Depot. In an abundance of caution, the court has filed this notice as a formal pleading or

complaint for relief. The current state of these pleadings are deficient, which means this case

cannot yet proceed, for two reasons.

First, plaintiff has neither paid the $400 filing fee for a civil action in federal district court

nor submitted a request for leave to proceed in forma pauperis without prepayment of the fee.

Assuming that plaintiff wishes to proceed in forma pauperis, he will be required to complete the

enclosed petition and affidavit to support a determination that he is entitled to proceed in forma

pauperis. See 28 U.S.C. § 1915(a)(1).

Second, plaintiff has not filed his complaint on a form approved for use by this court.

Before this court can entertain plaintiff’s claims, he must file a complaint setting out a short and

plain statement of the facts underlying his claim for relief. See Fed. R. Civ. P. 8(a). He must also

identify by name in the caption of that complaint all of the persons he intends to sue. To assist

plaintiff, the clerk’s office will provide along with this order an approved form for use by pro se

litigants filing a civil action in federal court.

Case: 3:13-cv-00641-wmc Document #: 2 Filed: 09/19/13 Page 2 of 2

IT IS ORDERED that plaintiff Henry Roeben may have until October 4, 2013, to submit

ORDER

the following:

(1)

(2)

a complaint on the form provided by the clerk’s office; and

the filing fee ($400) or a properly supported request for leave to

proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a)(1).

Plaintiff is directed to respond to the best of his ability. If plaintiff fails to respond or

comply as directed by October 4, 2013, the court will assume that he wishes to withdraw this

action voluntarily. In that event, his case will be dismissed without prejudice under Fed. R. Civ.

P. 41(a) and closed for administrative purposes without further notice.

Entered this 19 day of September, 2013.

th

BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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