Lane v. THURMER

Filing 3

Order on ifp request: Leave to proceed in forma pauperis denied. $5.00 filing fee required. Fee due by 12/27/2007. Signed by Judge Stephen L Crocker on 12/6/07. (elc)

Lane v. THURMER

Doc. 3

Case: 3:07-cv-00679-bbc

Document #: 3

Filed: 12/10/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN

R O N A L D P. LANE, P e ti ti o n e r , v. M IC H A E L THURMER, Warden, W au pu n Correctional Institution, R espo nd ent. OR DER 3 : 0 7 -c v-0 0 6 7 9 - b b c

Petition er Ronald Lane, a prisoner at the Waupun Correctional Institution, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner requests leave to proceed in forma pauperis. Petitioner has supported his request with an affidavit of indigency and a six-month trust account statement from the institution. In determining whether to allow a prisoner to proceed in forma pauperis, this court uses the following formula. First, the court determines petitioner's average monthly deposits and his average monthly balances for the six-month period mentioned above. If 20% of the greater of these two figures is $5 or more, the petitioner is not eligible for indigent status and w ill have to prepay all of the $5 filing fee. If 20% of the greater of these two figures is less t han $5, he will be required to prepay whatever portion less than $5 has been calculated. Applying this formula to petitioner, I find that he is able to prepay the filing fee. A cco rdin g to the trust account statement, in the past six months petitioner's monthly

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Case: 3:07-cv-00679-bbc

Document #: 3

Filed: 12/10/2007

Page 2 of 2

balance has averaged $42.37. (Although I have not calculated his average monthly deposits, a cursory review of the trust account statement indicates that this amount would be greater than petitioner's average monthly balance.) Twenty percent of this figure is $8.47. Because th is amount is more than $5, petitioner must prepay the filing fee before this court will review his petition.

OR DER IT IS ORDERED that the application of Ronald P. Lane for leave to proceed in forma pau peris is DENIED. Petitioner must prepay the $5 filing fee. Petitioner has until

D e cem b er 27, 2007 to pay this amount. If he fails to submit the filing fee by December 27, 20 07 , his habeas petition may be dismissed for failure to prosecute it.

E n tered this 6t h day of December, 2007. B Y THE COURT: /s/ S T E P H E N L. CROCKER M agistrate Judge

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