Primer, Kelvin v. Kelly, Dakota et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
KELVIN D. PRIMER,
Plaintiff,
v.
LISA GUNNUFSON, et al,
Defendants.
ORDER
Case No. 26-cv-69-jdp
Plaintiff Kelvin D. Primer, 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 inmate transaction 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 19, 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-00069-jdp Document #: 4 Filed: 01/28/26 Page 1 of 2

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ORDER
IT IS ORDERED that plaintiff Kelvin D. Primer may have until February 19, 2026 to
submit a certified trust fund account statement for the period beginning approximately July
27, 2025 and ending approximately January 27, 2026. If plaintiff fails to respond to this order
by February 19, 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 28 th day of January , 2026.
BY THE COURT:
/s/
ANDREW R. WISEMAN
United States Magistrate Judge
Case: 3:26-cv-00069-jdp Document #: 4 Filed: 01/28/26 Page 2 of 2