Maldonado v. RAEMISCH

Filing 6

Order on ifp request: Full filing fee required. $5.00 Filing Fee due by 2/14/2008. The Petition and Affidavit to Proceed Without Prepayment of Fees and/or Costs that Petitioner filed in case 3:07-cv-0673-bbc to be entered on the docket in this case. Signed by Judge Stephen L Crocker on 1/24/08. (elc),(ps)

Maldonado v. RAEMISCH

Doc. 6

Case: 3:08-cv-00005-bbc

Document #: 6

Filed: 01/24/2008

Page 1 of 3

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

D AN IEL Z. MALDONADO, P e ti ti o n e r , v. R ICK RAEMISCH, Secretary, W iscon sin Department of Corrections, R espo nd ent. OR DER 3 : 0 8 -c v-0 0 0 5 -b b c

D aniel Z. Maldonado has filed what appears to be an application for a writ of habeas co rp us pursuant to 28 U.S.C. § 2254. Pursuant to Rule 3 of the Rules Governing Section 2254 Cases, the petition must be accompanied by: (1 ) (2) the five dollar ($5) filing fee; OR a motion for leave to proceed in forma pauperis, the affidavit required by 28 U .S.C . § 1915, and a certificate from the warden or other appropriate officer of the place of confinement showing the amount of money or securities that th e petitioner has in any account in the institution. P e titio n er has not submitted either the filing fee or the paperwork necessary to su pp o rt a determination that he is entitled to proceed without paying the filing fee. In a no te submitted with his petition, petitioner states that he was recently allowed to proceed

Dockets.Justia.com

Case: 3:08-cv-00005-bbc

Document #: 6

Filed: 01/24/2008

Page 2 of 3

w ithout paying the filing fee in a § 1983 case assigned to this court. See Maldonado v. R aem isch et al., 3:07-cv-0673-bbc. Petitioner is mistaken insofar as he appears to believe that he may file a habeas petition without prepaying the filing fee. In case 3:07-cv-0673-bbc, the court determined from petitioner's petition and affidavit for leave to proceed in forma pauperis (dkt. #2) that he had funds sufficient to enable him to prepay an initial filing fee of $68.17. I have made a copy of that petition and affidavit and will order the clerk to docket it in the instant case. Co nsidering that document, including the attached trust fund statement, I find that petition er is capable of paying the $5 fee for filing a petition for a writ of habeas corpus. A c c o r d i n g ly ,

ORDER IT IS ORDERED that: 1. The Petition and Affidavit to Proceed Without Prepayment of Fees and/or Costs that petitioner filed in 3:07-cv-0673-bbc shall be copied and entered on the docket in this habea s case.

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Case: 3:08-cv-00005-bbc

Document #: 6

Filed: 01/24/2008

Page 3 of 3

2 . Plaintiff must pay the $5 fee in order to file this case. He must submit a check of m oney order made payable to the clerk of court in the amount of $5 on or before February 14, 2008. If he fails to submit the filing fee on or before February 14, 2008, the court will dism iss the petition for failure to prosecute.

E n tered this 24t h day of January, 2008.

B Y THE COURT: /s/ S T E P H E N L. CROCKER M agistrate Judge

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