Williams v. Wisconsin Court of Appeals, District One et al

Filing 2

Order Requiring Filing Fee of $ 5 or motion for leave to proceed ifp by 1/30/2009. Signed by Magistrate Judge Stephen L Crocker on 1/15/09. (krj)

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IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN D A V ID E. WILLIAMS, P e ti ti o n e r , v. W IS C O N S IN COURT OF APPEALS, D I S T . 1, SECRETARY OF T H E W ISCONSIN DEPARTMENT OF C O R R E C T I O N S AND THE ATTORNEY GENERAL OF THE STATE OF W IS CO N S IN , R espo nd ents. OR DER 0 9 - cv -0 0 2 4 - b b c D a vid E. Williams has filed an application for a writ of habeas corpus pursuant to 28 U .S .C . § 2254. Pursuant to Rule 3 of the Rules Governing Section 2254 Cases, the petition m ust 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 ti ti o n e r 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. A copy of a blank application for leave to proceed in forma pauperis is being mailed to p etitio n er with this order. Petitioner should complete it and return it to the court on or before January 30, 2009. Alternatively, petitioner must submit the $5 filing fee. The court w i ll take no further action on the petition until petitioner returns a completed application for leave to proceed in forma pauperis or submits the filing fee. If petitioner fails to make eith er of these submissions on or before January 30, 2009, the court will dismiss the petition for failure to prosecute. E n tered this 15t h day of January, 2009. B Y THE COURT: /s/ S T E P H E N L. CROCKER M agistrate Judge 2

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