You're viewing Docket Item 6 from the case Fuselier, Thomas v. La Crosse County Jail. View the full docket and case details.

Download this document:




Case: 3:13-cv-00650-bbc Document #: 6 Filed: 01/16/14 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WISCONSIN



THOMAS JEROME FUSELIER,

Plaintiff,

Defendant.

v.

LA CROSSE COUNTY JAIL,



ORDER

13-cv-650-bbc

In an order entered in this case on September 16, 2013, plaintiff was told that before the

court could consider his request to proceed in forma pauperis he would have to submit an inmate

account statement covering the six-month period preceding the filing of his complaint so that

I could assess an initial partial payment of the $350 fee for filing this case. Plaintiff's initial

partial payment cannot be calculated at this time because he has not submitted the requested

inmate account statement.

In response to the September 16 order, plaintiff has instead submitted bank account

statements. However, 28 U.S.C. § 1915(a)(2) is very clear on the matter. This court needs his

inmate account statement, not his bank account statements. It may be that plaintiff’s inmate

account statement does not cover the entire six-month period preceding the filing of his

complaint (March 9, 2013 to September 9, 2013); from a review of his bank statements, his

inmate account statement may only cover a one- or two-week period. Plaintiff should send

an inmate account statement that covers as much of the six-month period preceding the

filing of his complaint as he can. If the La Crosse County Jail is unable to provide plaintiff

with this information, he should send the court the jail’s response. To do this, I will grant

Case: 3:13-cv-00650-bbc Document #: 6 Filed: 01/16/14 Page 2 of 2

him a brief extension of the deadline for submitting either his trust fund account statement

or full payment of the filing fee.

Once plaintiff has submitted the necessary information, 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 complaint under 28 U.S.C. § 1915(e)(2). Plaintiff should show a copy of this order to jail

officials to insure that they are aware they should send a copy of plaintiff’s inmate account

statement to this court.

ORDER

IT IS ORDERED that plaintiff Thomas Jerome Fuselier may have until February 5, 2014,

in which to submit a certified copy of his inmate account statement for as much of the period

beginning approximately March 9, 2013 and ending approximately September 9, 2013 as he can.

If, by February 5, 2014, plaintiff fails to respond to this order, I will assume that he wishes to

withdraw this action voluntarily. In that event, the clerk of court is directed to close this case

without prejudice to plaintiff's filing his case at a later date.

Entered this 16th day of January, 2014.

BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

2