Cotton v. Eckstein

Filing 4

ORDER signed by Judge J.P. Stadtmueller on 9/1/2017 ORDERING Petitioner to submit the $5.00 filing fee, or file a motion for leave to proceed in forma pauperis including his 6 month trust account statement, within 7 days or this action will be dismissed without further notice. (cc: all counsel, via mail to Michael P. Cotton at Green Bay Correctional Institution)(jm)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN MICHAEL P. COTTON, Petitioner, v. Case No. 17-CV-1103-JPS WARDEN SCOTT ECKSTEIN, ORDER Respondent. Petitioner Michael Cotton (“Cotton”), who is incarcerated at Green Bay Correctional Institution, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Docket #1). The filing fee for such a petition is $5.00. Cotton did not pay the fee when he filed his petition, nor did he submit a motion for leave to proceed in forma pauperis under 28 U.S.C. § 1915 along with the required six-month prison trust fund account statement. In a letter dated August 9, 2017, the Clerk of the Court warned him to either pay the fee or file a motion for leave to proceed in forma pauperis within twenty-one days. (Docket #2). That deadline has passed, and the only thing Cotton has filed is a refusal to the jurisdiction of the assigned magistrate judge. (Docket #3). In light of Cotton’s failure to comply with the request from the Clerk of the Court, the Court would generally dismiss this action for his failure to prosecute the same. See Civil L. R. 41(c). However, the Seventh Circuit commands that dismissal of a pro se litigant’s case should almost always be preceded by a warning. Fischer v. Cingular Wireless, LLC, 446 F.3d 663, 665 (7th Cir. 2006). Thus, the Court issues this order as his warning: if Petitioner does not submit either the $5.00 filing fee or a motion for leave to proceed in forma pauperis, including his six-month trust account statement, within (7) days of the date of this Order, this action will be dismissed without further notice. Accordingly, IT IS ORDERED that Petitioner shall submit either the $5.00 filing fee in this action or a motion for leave to proceed in forma pauperis, including his six-month trust account statement, within seven (7) days of the date of this Order. Dated at Milwaukee, Wisconsin, this 1st day of September, 2017. BY THE COURT: J.P. Stadtmueller U.S. District Judge 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?