Williams v. Huibregtse

Filing 2

Order on ifp request: Initial partial filing fee of $ 2.39 assessed. Initial partial filing fee due by 4/27/2009. (elc),(ps)

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

A N D R EA WILLIAMS, P e ti ti o n e r , v. P ET E R HUIBREGTSE, Warden, W isconsin Secure Program Facility, R espo nd ent. OR DER 0 9 -c v -2 0 4 -s lc

T his petition for a writ of habeas corpus was transferred to this court by the United S tates District Court for the Eastern District of Wisconsin. Petitioner seeks leave to proceed in forma pauperis. He has supported his request with a six-month trust account statement fro m the institution. In determining whether to allow a prisoner to proceed in forma pauperis, this court uses the following formula. First, the court determines petitioner's average monthly deposits and his average monthly balances for the six-month period mentioned above. If 20% of the greater of these two figures is $5 or more, the petitioner is not eligible for indigent status and w ill have to prepay all of the $5 filing fee. If 20% of the greater of these two figures is less t han $5, he will be required to prepay whatever portion less than $5 has been calculated. Applying this formula to petitioner, I find that he is able to pay at least a portion of the filing fee. According to the trust account statement, in the past six months petitioner's

average monthly deposits have been $11.95. (His average monthly balance in his regular acco un t appears to be less than this amount.) Twenty percent of this figure is $2.39. Accordingly, I will grant petitioner's application for leave to proceed in forma pauperis on the con dition that he prepay $2.39.

ORDER IT IS ORDERED that the petition of Andrea Williams for leave to proceed in forma pauperis is GRANTED on the condition that he prepay the amount of $2.39. Petitioner has un til April 27, 2009 to pay this amount. If he fails to submit the partial filing fee by April 27 , 2009, his petition may be dismissed for failure to prosecute it. E n tered this 8t h day of April, 2009. B Y THE COURT: /s/ S T E P H E N L. CROCKER M agistrate Judge

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