SPERBERG v. MARBERRY

Filing 2

Order on ifp request: Petitioner to submit Trust Fund Account Statement. Trust Fund Account Statement due by 11/7/2008. Signed by Judge Barbara B Crabb on 10/21/08. (rep),(ps) [Transferred from Wisconsin Western on 1/21/2009.]

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------R O L AN D C. SPERBERG, Confined at F.C.I. Terre Haute Indiana, ORDER Petitioner, 0 8 - cv -6 1 0 - b b c v. U N IT E D STATES OF AMERICA, R espo nd ent. --------------------------------------------Petitio ner Roland Sperberg, a prisoner at the Federal Correctional Institution in Terre H aute, Indiana, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 . Because petitioner has not paid the $5 fee for filing his § 2241 petition, I construe the petition to include a request for leave to proceed in forma pauperis. A decision on the request will be delayed because I cannot determine whether petitioner is indigent until he subm its a trust fund account statement for the six-month period immediately preceding the filing of his habeas corpus petition. Longbehn v. United States., 169 F.3d 1082 (7th Cir. 19 99 ). O nce petitioner submits his trust fund account statement, this court will calculate

1

petition er 's average monthly deposits and his average monthly balances for the six-month p erio d mentioned above. If 20% of the greater of these two figures is $5 or more, he will not be eligible for indigent status and will have to prepay all of the $5 filing fee. If 20% of the greater of these two figures is less than $5, he will be required to prepay whatever portion less than $5 has been calculated. Now that petitioner is aware of the formula this court uses in determining whether a prisoner is indigent for the purpose of paying a $5 filing fee, he may be able to figure easily w hether he qualifies. If he knows that he will not qualify for indigent status, he may elect to submit a check or money order made payable to the clerk of court in the amount of $5 in lieu of the six-month statement requested above. In any event, petitioner should act quickly. If, by November 7, 2008, petitioner does not submit either the $5 payment or a trust fund account statement for the last six months, his request for leave to proceed in form a pauperis will be denied and this action will be closed. ORDER IT IS ORDERED that petitioner may have until November 7, 2008, in which to su bm it a trust fund account statement for the period beginning approximately April 7, 2008 an d ending approximately October 6, 2008. Alternatively, petitioner may have until

N o vem b er 7, 2008, in which to pay the $5 fee for filing his petition. If, by November 7, 2 0 0 8, petitioner does not pay the filing fee or submit the required trust fund account

2

statem ent, the clerk of court is directed to close this case for petitioner's failure to prosecute. E n tered this 21 s t day of October, 2008. B Y THE COURT:

/s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

3