Farr v. Spoden

Filing 2

Order on ifp request: Petitioner to submit $5 filing fee or application for leave to proceed in forma pauperis by 10/3/2008. Signed by Judge Stephen L Crocker on 9/24/08. (elc)

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Farr v. Spoden Doc. 2 Case: 3:08-cv-00557-slc Document #: 2 Filed: 09/25/2008 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN R U S S EL L H. FARR, JR., P e ti ti o n e r , v. R O BER T SPODEN, R ock County Sheriff, R espo nd ent. OR DER 0 8 -c v -0 5 5 7 -s lc R ussell H. Farr, Jr. 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 supp ort a determination that he is entitled to proceed without paying the filing fee. Acco rdingly, Dockets.Justia.com Case: 3:08-cv-00557-slc Document #: 2 Filed: 09/25/2008 Page 2 of 2 ORDER IT IS ORDERED that petitioner has until October 3, 2008 in which to submit either the $5 filing fee or an application for leave to proceed in forma pauperis. If he fails to submit the filing fee or an application for leave to proceed in forma pauperis on or before October 3, 20 08 , the court will dismiss the petition for failure to prosecute. E n tered this 24 t h day of September, 2008. B Y THE COURT: /s/ S T E P H E N L. CROCKER M agistrate Judge 2

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