Summary
The United States District Court for the Eastern District of Wisconsin grants Eric Morris leave to proceed in forma pauperis in his 42 U.S.C. § 1983 action. The court finds that his complaint fails to state a constitutional claim based solely on an alleged violation of a state prison recreation policy, but permits him to file an amended complaint by March 30, 2026. The order also directs collection of the remaining filing fee balance from Morris’s prison trust account.
Holdings
- Morris's motion for leave to proceed without prepaying the full filing fee was granted because he submitted the required certified prison trust-account statement and paid the assessed initial partial filing fee.
Questions Presented
- Whether Morris's complaint stated a plausible constitutional claim under 42 U.S.C. § 1983 based on an alleged violation of a prison recreation policy.
- Whether Morris should be granted leave to proceed in forma pauperis.
- Whether Morris should be permitted to amend the deficient complaint before dismissal.
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Court Document
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