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Case: 3:13-cv-00651-bbc Document #: 6 Filed: 09/30/13 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WISCONSIN



ANDRE M. KELLY,

Plaintiff,

ORDER

13-cv-651-bbc

v.

C/O A. PETERSON #1586,
C/O KE CASPERSES and
C/O COFFEE,



ANDRE M. KELLY,

Defendants.

Plaintiff,

v.

S. VAN VORST and
NURSES on 9-11-13, 3 to 11 staff,

Defendants.

ORDER

13-cv-677-bbc

Plaintiff Andre M. Kelly, an inmate at the Dane County Jail in Madison, Wisconsin, has

submitted two proposed complaints. He requests leave to proceed in forma pauperis.

From plaintiff's inmate account statement, it appears that plaintiff presently has no

means with which to make initial partial payments of the $350 fee for filing his complaints.

However, plaintiff should be aware that he is obligated to pay the $350 filing fee for each case,

even if this court determines that he will not be permitted to proceed with his complaints in

forma pauperis and even if he does not presently have funds with which to pay the fee. 28 U.S.C.

Case: 3:13-cv-00651-bbc Document #: 6 Filed: 09/30/13 Page 2 of 2

§ 1915(b)(1). His account will be monitored and the fee must be taken in monthly installments

when the funds exist.

Accordingly, IT IS ORDERED that plaintiff’s complaints are taken under advisement.

As soon as the court’s calendar permits, plaintiff’s complaints will be screened pursuant to 28

U.S.C. § 1915(e)(2). Leave to proceed in forma pauperis will not be granted if the action must

be dismissed as malicious or legally “frivolous,” a term that means that the complaint does not

allege a claim of any kind. Leave can be denied also if the complaint does not state a claim on

which plaintiff could obtain relief under the law or if plaintiff is asking for money from a

defendant who is legally protected from having to pay money in his case. Plaintiff will be

notified promptly when such a decision has been made.

Further, the Clerk of Court is requested to insure that the court’s financial records reflect

that plaintiff owes the $350 fee for filing each case, in accordance with the requirements of the

Prison Litigation Reform Act.

Entered this 30 day of September, 2013.

th

BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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