Bowers v. Smith

Filing 17

ORDER signed by Judge Lynn Adelman on 10/11/11 denying without prejudice 13 Motion to Appoint Counsel; denying as moot 14 Motion for Leave to Proceed in forma pauperis. (cc: all counsel, via USPS to petitioner) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
WILLIAM B. BOWERS,
Petitioner,
v.

Case No. 02-CV-01034

DANIEL BERTRAND, Warden,
Oshkosh Correctional Institution,
Respondent.

DECISION AND ORDER
On December 31, 2003, I granted petitioner William Bowers’ motion to stay the
proceedings on his petition for a writ of habeas corpus in order to allow him to proceed in
state court. On September 14, 2011, petitioner filed two new motions in this case: a motion
to appoint counsel, and a motion to proceed in forma pauperis. However, there has not
been a motion brought to lift the stay. Since the case has not been re-opened and it is not
clear to me what the issues are following the state court proceedings, I am denying the
motion to appoint counsel as premature. I am also denying the motion to proceed in forma
pauperis because it is moot. Petitioner paid the $5.00 statutory filing fee owed under 28
U.S.C. § 1914(a) when he originally filed this petition in 2002. Therefore, petitioner does
not owe any money at this time.
THEREFORE, IT IS ORDERED that petitioner’s motion to appoint counsel is
DENIED without prejudice.

IT IS FURTHER ORDERED that petitioner’s motion to proceed in forma pauperis
is DENIED AS MOOT.
Dated at Milwaukee, Wisconsin this 11th day of October 2011.

s/_____________________________
LYNN ADELMAN
District Judge

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