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Dismissal Order Prisoner Litigation CV-444 - Wisconsin
|Dismissal Order Prisoner Litigation Form. This is a Wisconsin form and can be used in Civil Circuit Court Statewide .||
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FORM SUMMARY Name of Form: Form Number: Statutory Reference: Benchbook Reference: Purpose of Form: To order dismissal of al prisoner's action or special proceeding under §802.05(3)(d), Wisconsin Statutes Judge Original to court, copy to prisoner, copy to Department of Justice. If the court prepares a memorandum decision concerning the dismissal, that decision should be attached. Modified; last update 05/00. Added "Institution" to the distribution list. Dismissal Order (Prisoner Litigation) Under §801.02(7)(d) CV-444 §§801.02(7)(d) and 802.05(3), Wisconsin Statutes Who Completes It: Distribution of Form: Accompanying Forms: New Form/Modification: Modifications: Comments: About this Form: This form is the product of the Wisconsin Records Management Committee, a committee of the Director of State Court's Office and a mandate of the Wisconsin Judicial Conference. If you have additional information that does not change the meaning of the form, attach it on a separate page. The form itself shall not be altered. Date: 04/15/2010 Page 1 American LegalNet, Inc. www.FormsWorkFlow.com For Official Use STATE OF WISCONSIN, CIRCUIT COURT, COUNTY Dismissal Order (Prisoner Litigation) -VS- Under §801.02(7)(d) Case No. THE COURT FINDS: 1. This case a. is a proceeding by a prisoner (a person who is incarcerated, imprisoned or detained in a correctional institution or otherwise detained by a law enforcement officer), and, b. is not a proceeding: · brought by a person committed under Chapter 980 (sexually violent person), · seeking relief from a judgment terminating parental rights. · seeking relief from a judgment of conviction or sentence of a court (direct appeal or collateral attack) or, · by a person who is not serving a sentence for a conviction of a crime but who is detained, admitted committed under Chapter 51 or Chapter 55 or §§971.14(2) or (5), Wisconsin Statutes. 2. An answer or responsive pleading from the defendant is not required. was filed and considered by the court. 3. A memorandum decision is attached. IT IS ORDERED: This matter is DISMISSED because the matter (Check all that apply): 1. is frivolous. 2. is used for an improper purpose, such as to harass, to cause unnecessary delay, or to needlessly increase the cost of litigation. 3. seeks monetary damages from a defendant who is immune from such relief. 4. fails to state a claim upon which relief may be granted. The prisoner failed to exhaust all available administrative remedies. provide written documentation of exhaustion of all available administrative remedies. Other failure to state a claim basis: IT IS FURTHER ORDERED: 1. This dismissal constitutes a single dismissal within the meaning of §801.02(7)(d), Wisconsin Statutes. 2. If the prisoner commenced this action without prepayment of filing fees or costs or security for costs, the custodian at the prisoner's facility is directed to collect and transmit the filing fees and costs to the clerk of this court pursuant to §814.29(3)(b), Wisconsin Statutes. BY THE COURT: DISTRIBUTION: 1. Clerk of Court (Original) 2. Petitioner 3. Department of Justice, Civil Litigation Unit, P.O. Box 7857, Madison, WI 53707-7857 4. Institution Circuit Court Judge Name Printed or Typed Date CV-444, 04/10 Dismissal Order (Prisoner Litigation) Under 801.02(7)(d) §§801.02(7)(d) and 802.05(3), Wisconsin Statutes American LegalNet, Inc. www.FormsWorkFlow.com This form shall not be modified. It may be supplemented with additional material.