Turner, James et al v. Dittmann, Michael

Filing 3

ORDER that Petitioner James Robert Turner submit the $5 filing fee or a Trust Fund Account Statement by 7/6/2017. Signed by Magistrate Judge Peter A. Oppeneer on 6/14/2017. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JAMES ROBERT TURNER,
Petitioner,

ORDER

v.
Case No. 17-cv-457-jdp
MICHAEL DITTMANN,
Respondent.

Petitioner James Robert Turner seeks a writ of habeas corpus pursuant to 28 U.S.C. §
2254. Petitioner has submitted a motion for leave to proceed without prepayment of the filing
fee. (Dkt. # 2). The court cannot consider this motion, however, because it lacks supporting
documentation regarding petitioner’s eligibility for indigent status. For this case to move
forward, petitioner must either pay the $5 filing fee or submit a certified inmate trust fund
account statement (or institutional equivalent) for the six-month period immediately preceding
the filing of this habeas corpus petition. If petitioner does not submit either the $5 filing fee
or a trust fund account statement before July 6, 2017, the court will assume that petitioner
wishes to withdraw this action voluntarily and will dismiss the petition.
ORDER
IT IS ORDERED that:
1.

No later than July 6, 2017, petitioner James Robert Turner shall pay the $5

filing fee or submit a certified copy of petitioner’s inmate trust fund account statement for the
six-month period from the date of the habeas petition (December 13, 2016 through at least
June 13, 2017).

2.

If petitioner fails to pay the $5 filing fee, comply as directed, or show cause for

failure to do so, the court will assume the petitioner wishes to withdraw this petition.
Entered this 14th day of June, 2017.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge