Legal Opinion

Rose v. Kettle Moraine Correctional Institution Officials

District Court, E.D. Wisconsin

Decided November 29, 1991No. 91-C-950PublishedCited by 2 opinions

1Opinion of the Court

DECISION AND ORDER

MYRON L. GORDON, Senior District Judge.

The plaintiff, Johnnie Rose, currently incarcerated at the Racine Correctional Institution, seeks redress under 42 U.S.C. § 1983 following his eight-day placement in adjustment segregation. Mr. Rose has filed a petition for leave to proceed in for-ma pauperis. The court will grant the petition.

In order to authorize a litigant to proceed in forma pauperis, the court must make two determinations: first, whether the litigant is unable to pay the costs of commencing the action; and second, whether the action is frivolous or malicious. 28…

2Cases cited14 opinions

  1. Haines v. KernerSupreme Court of the United States · 1972
  2. Neitzke v. WilliamsSupreme Court of the United States · 1989
  3. Wilson v. SeiterSupreme Court of the United States · 1991
  4. Hewitt v. HelmsSupreme Court of the United States · 1983
  5. Kentucky Department of Corrections v. ThompsonSupreme Court of the United States · 1989

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3Cited by2 opinions

  1. Smith v. McCaughtryDistrict Court, E.D. Wisconsin · 1992
  2. Akbar v. GrossDistrict Court, E.D. Wisconsin · 1993

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