Neal v. State of Wisconsin

Filing 7

ORDER signed by Judge Rudolph T. Randa on 2/14//2014 DENYING 2 Motion for Leave to Proceed in forma pauperis. To proceed with this petition Neal must pay $5.00 filing fee by 3/14/2014 or the action will be dismissed for failure to prosecute. (cc: all counsel, via US mail to Quentin Neal at Racine Youthful Offenders Correctional Facility) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

QUENTIN E. NEAL,
Petitioner,
v.

Case No. 14-C-110

ROBERT HUMPHREYS,1
Warden of Racine Youthful
Offenders Correctional Facility,
Respondent.

DECISION AND ORDER

On February 3, 2014, pro se Petitioner Quentin E. Neal (“Neal”), currently
incarcerated at the Racine Youthful Offenders Correctional Facility, filed a petition
for relief pursuant to 28 U.S.C. § 2254 challenging his state conviction. This matter
is before the Court for consideration of Neal’s request to proceed without payment of
the filing fee. (ECF No. 2.)
To authorize a litigant to proceed without payment of the filing fee, the Court
must make two determinations: 1) whether the litigant is unable to pay the costs of
commencing the action; and 2) whether the action is frivolous or malicious. 28
U.S.C. § 1915(a) & (e)(2). The Court is obligated to give the petitioner’s pro se
allegations, however inartfully pleaded, a liberal construction. See Haines v. Kerner,
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Neal named the State of Wisconsin as the Respondent. The Court has substituted Robert
Humphreys as the Respondent pursuant to Rule 2(a) of the Rules Governing Section 2254 Cases in
the United States District Courts, which states that the petition must name as the Respondent the state
officer who has custody.

404 U.S. 519, 520-21 (1972).
Neal has filed a state court form bearing a Wisconsin state court of appeals and
Supreme Court caption as the basis for his petition for waiver of fees and affidavit of
indigency. He has also filed a prison trust account statement for the two-week period
from January 24, 2014, to February 6, 2014, disclosing that during the time period
Neal received a $50 deposit from an individual; a $12.60 deposit for biweekly wages;
and a $8.40 deposit for wages earned over about six months. The prison trust account
statement also shows that portions of those deposits were withheld to pay courtordered obligations and a DNA surcharge. Despite those deductions, as of February
6, 2014, Neal had $38.21 available to him in his regular account.
Given that all Neal’s basic needs are provided for by the correctional
institution, this Court concludes that Neal does not qualify under § 1915(a) as an
indigent unable to pay the $5.00 filing fee for commencing the instant action for a
writ of habeas corpus. Thus, if Neal wants the Court to give further consideration to
his § 2254 petition, he must pay the $5.00 filing fee. Neal is further advised that if he
fails to pay the filing fee by March 14, 2014, this action will be dismissed without
prejudice for failure to prosecute pursuant to Civil L.R. 41(c) (E.D. Wis.).
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS HEREBY
ORDERED THAT:
Neal’s request to proceed without payment of the filing fee (ECF No. 2) is
DENIED.
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If Neal intends to proceed with his petition, Neal must pay the $5.00 filing fee
by March 14, 2014.
Dated at Milwaukee, Wisconsin, this 14th day of February, 2014.
BY THE COURT:

__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

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