Lee v. Holinka

Filing 4

Order on ifp request: Petitioner to submit Supplemental Trust Fund Account Statementor $5.00 Filing Fee by 6/17/2008. Signed by Judge Barbara B Crabb on 5/27/08. (elc),(ps)

Lee v. Holinka

Doc. 4

Case: 3:08-cv-00295-bbc

Document #: 4

Filed: 05/28/2008

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------M IL E S ORLANDO LEE, ORDER Petitioner, 0 8 - cv -2 9 5 - b b c v. W A R D E N HOLINKA, R espo nd ent. --------------------------------------------P etitio n er, a prisoner at the Federal Correctional Institution in Oxford, Wisconsin, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. He requests leave to proceed in forma pauperis. Although petitioner has supported his request with an affid avit of indigency and a trust fund account statement that covers approximately a twow e e k period, I cannot determine whether petitioner is indigent for the purpose of filing a § 2241 petition until he submits a trust fund account statement for the six-month period im m ed iately preceding the filing of his habeas corpus petition. See Longbehn v. U.S., 169 F.3d 1082 (7th Cir. 1999). Petitioner's petition was submitted on May 19, 2008. His trust fund account

statem en t should cover the period beginning November 19, 2007 and ending May 19, 2008.

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Dockets.Justia.com

Case: 3:08-cv-00295-bbc

Document #: 4

Filed: 05/28/2008

Page 2 of 3

In stead , it covers approximately a two-week period beginning March 22, 2008 and ending April 8, 2008. If petitioner intends to pursue his request to proceed in forma pauperis he w i ll need to submit a supplemental trust fund account statement that covers the missing p erio ds beginning November 19, 2007 and ending March 21, 2008, and beginning April 9, 20 08 and ending May 19, 2008. Once petitioner submits his supplemental trust fund account statement, this court w ill calculate petitioner's average monthly deposits and his average monthly balances for the six-m on th period mentioned above. If 20% of the greater of these two figures is $5 or more, he will not be eligible for indigent status and will have to prepay all of the $5 filing fee. If 20 % of the greater of these two figures is less than $5, he will be required to prepay whatever po rtion less than $5 has been calculated. Now that petitioner is aware of the formula this court uses in determining whether a prisoner is indigent for the purpose of paying a $5 filing fee, he may be able to figure easily w hether he qualifies. If he knows that he will not qualify for indigent status, he may elect to submit a check or money order made payable to the clerk of court in the amount of $5 in lieu of the statements requested above. In any event, petitioner should act quickly. If, by June 17, 2008, petitioner does not submit either the $5 payment or supplemental trust fund account statements to cover the full six-month period, his request for leave to proceed in forma pauperis will be denied and this action will be closed.

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Case: 3:08-cv-00295-bbc

Document #: 4

Filed: 05/28/2008

Page 3 of 3

OR DER IT IS ORDERED that petitioner may have until June 17, 2008, in which to submit a supplemental trust fund account statement for the period beginning approximately N o vem b er 19, 2007 and ending approximately March 21, 2008, and for the period b egin n in g approximately April 9, 2008 and ending approximately May 19, 2008. A ltern atively, petitioner may have until June 17, 2008, in which to pay the $5 fee for filing his petition. If, by June 17, 2008, petitioner does not pay the filing fee or submit the r e q uired trust fund account statement, the clerk of court is directed to close this case for petition er's failure to prosecute. Entered this 27t h day of May, 2008. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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