DAHLER v. Holinka

Filing 2

ORDER requiring payment of $5.00 filing fee by 2/18/09 or show cause why petitioner is unable to do so or case to be closed for failure to prosecute. Signed by Chief Judge Barbara B Crabb on 1/28/09. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------D A V ID DAHLER, ORDER Petitioner, 0 9 - cv -3 6 - b b c v. C . HOLINKA, Warden, 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. In a letter ac co m p an yi n g his petition, petitioner says that the $5 filing fee will be sent to the court u nd er separate cover. It has been over a week since petitioner submitted this letter and no fee has been received. In order to insure that this case does not languish, I will set a deadline of February 18, 2009 for petitioner to pay the fee. If petitioner fails to pay the fee by that date, his case will be closed.

ORDER IT IS ORDERED that petitioner may have until February 18, 2009, in which to

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subm it a check or money order made payable to the clerk of court in the amount of $5 to cover the fee for filing his petition. If, by February 18, 2009, petitioner fails to pay the fee o r show cause why he is unable to do so, then the clerk of court is directed to close this file for petitioner's failure to prosecute. E n tered this 28t h day of January, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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