Boyles v. Foster

Filing 14

ORDER signed by Judge Rudolph T. Randa on 11/12/2014. By 11/26/2014 Boyles MUST FILE petition and affidavit to proceed without payment of fees/costs and statement signed under penalty of perjury indicating the time frame during which he received/is receiving chemotherapy. (cc: all counsel, via US mail to Equinees Boyles with form petition)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
EQUINEES BOYLES,
Petitioner,
-vs-

Case No. 13-C-1140

EDWARD F. WALL,
Secretary of the Wisconsin Department of Corrections,1
Respondent.

DECISION AND ORDER
In its answer, filed on January 22, 2014, the Respondent asserts
that pro se Petitioner Equinees Boyles’ (“Boyles”) petition pursuant to 28
U.S.C. § 2254 should be dismissed for failure to exhaust administrative
remedies.

By his letter filed on October 29, 2014, Boyles seeks

appointment of counsel to represent him in this matter citing his
temporary loss of short-term memory due to chemotherapy.
To facilitate the Court’s assessment of that request, Boyles must
provide financial information by filing a petition and affidavit to proceed
1

In a letter filed October 29, 2019, Boyles indicates that he is no longer
incarcerated at the Jackson Correctional Institution and provides a Milwaukee
residential address. The Wisconsin Department of Corrections website indicates that
Boyles is on supervised release. See http://offender.doc.state.wi.us (last visited Nov. 12,
2014). The Court has substituted Edward D. Wall, Secretary of the Wisconsin
Department of Corrections as the Respondent pursuant to Rule 2(a) of the Rules
Governing Section 2254 Cases in the United States District Courts.

without prepayment of fees and/or costs and a statement signed under
penalty of perjury that states the first and last dates during which he
received/or is receiving chemotherapy. Boyles may also include any other
information he wants the Court to consider in deciding whether it should
appoint counsel to represent Boyles pursuant to 18 U.S.C. 3006A. Failure
to file such information by the stated deadline will result in the denial of
Boyles’ motion for appointment of counsel.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS
HEREBY ORDERED THAT:
No later than November 26, 2014, Boyles MUST file a petition
and affidavit to proceed without prepayment of fees and/or costs and a
statement signed under penalty of perjury stating the time frame during
which he received/or is receiving chemotherapy; and,
The Clerk of Court is directed to send Boyles a copy of the form
petition and affidavit to proceed without prepayment of fees and/or costs
together with his copy of this Decision and Order.
Dated at Milwaukee, Wisconsin, this 12th day of November, 2014.
BY THE COURT:
__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge
-2-