Campbell v. McDermott

Filing 8

ORDER signed by Chief Judge Pamela Pepper on 5/6/2022 DENYING 2 petitioner's motion for leave to proceed without prepaying filing fee. Plaintiff to pay $5 filing fee by end of day on 6/3/2022; failure to pay by deadline will result in dismissal. (cc: all counsel and mailed to Rosalyn Campbell at Taycheedah Correctional Institution)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

ROSALYN CAMPBELL,
Petitioner,
Case No. 21-cv-1115-pp
v.
JENNIFER MCDERMOTT,
Respondent.

ORDER DENYING PETITIONER’S MOTION FOR LEAVE TO PROCEED
WITHOUT PREPAYING FILING FEE (DKT. NO. 2)

On September 24, 2021, the petitioner, who is incarcerated at
Taycheedah Correctional Institution and is representing herself, filed a petition
for writ of habeas corpus under 28 U.S.C. §2254 challenging her 2020
conviction for battery or threat to a judge, prosecutor or law enforcement officer
and criminal damage to property. Dkt. No. 1 at 2; see also State v. Campbell,
Milwaukee County Case No. 2020CF917 (available at
https://wcca.wicourts.gov).
There is a $5.00 fee for filing a habeas petition. 28 U.S.C. §1914(a). With
her petition, the petitioner filed a request that the court allow her to proceed
without prepaying that fee. Dkt. No. 2. The request indicates that the petitioner
has no assets—no bank account, no retirement account, no investments, no
real estate and no valuable other assets. Id. at 2. Five days later, the petitioner
filed a trust account statement showing that as of August 27, 2021, she had an

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end balance of $731 in her regular account and $1,234.43 in her release
account. Dkt. No. 4. The court cannot conclude that the petitioner is unable to
pay the filing fee. If the petitioner wishes to proceed with her habeas petition,
she must pay the filing fee in time for the court to receive it by the deadline the
court sets below. If the court does not receive the filing fee by the deadline, the
court will deny the petition and dismiss the case.
The court DENIES the petitioner’s motion for leave to proceed without
prepaying the filing fee. Dkt. No. 2.
The court ORDERS that the petitioner must pay the $5.00 filing fee in
time for the court to receive it by the end of the day on June 3, 2022. If the
court does not receive the $5.00 filing fee by the end of the day on June 3,
2022, the court will deny the petition and dismiss the case.
Dated in Milwaukee, Wisconsin this 6th day of May, 2022.
BY THE COURT:
_____________________________________
HON. PAMELA PEPPER
Chief United States District Judge

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