Simmons, Arthur v. Swacker et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
ARTHUR GENE SIMMONS, JR.,
Plaintiff,
v.
OFFICER SWACKER, et al.
Defendants.
ORDER
Case No. 26-cv-53-jdp
Plaintiff Arthur Gene Simmons, Jr., a prisoner in the custody of the Wisconsin
Department of Corrections, has filed a proposed civil complaint. 	Plaintiff is a prisoner and,
therefore, subject to the 1996 Prisoner Litigation Reform Act. Plaintiff has requested leave to
proceed without prepayment of the filing fee and has submitted a one-month trust account
statement to support this request. This statement is insufficient to determine whether plaintiff
qualifies for indigent status because plaintiff has not submitted a certified copy of plaintiff’s
inmate trust fund account statement (or institutional equivalent) for the six-month period
immediately preceding the filing of the complaint.
For this case to proceed, plaintiff must submit a certified trust fund account statement
no later than February 20, 2026. If I find that plaintiff is indigent, I will calculate an initial
partial payment of the $350 filing fee that plaintiff must pay before the court can screen the
complaint on the merits under 28 U.S.C. § 1915(e)(2). Thereafter, plaintiff will be required
to pay the balance of the filing fee in installments.
Case: 3:26-cv-00053-jdp Document #: 4 Filed: 01/23/26 Page 1 of 2

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ORDER
IT IS ORDERED that plaintiff Arthur Gene Simmons, Jr. may have until February 20,
2026 to submit a certified trust fund account statement for the period beginning approximately
July 22, 2025 and ending approximately January 22, 2026. If plaintiff fails to respond to this
order by February 20, 2026, I will assume that plaintiff wishes to withdraw this action
voluntarily. In that event, the case will be dismissed without prejudice to plaintiff filing at a
later date.
Entered this 23rd day of January , 2026.
BY THE COURT:
/s/
ANDREW R. WISEMAN
United States Magistrate Judge
Case: 3:26-cv-00053-jdp Document #: 4 Filed: 01/23/26 Page 2 of 2