McMillian v. Warden, Wisconsin Secure Program Facility

Filing 2

Order - Petitioner to submit $5 filing fee or application to proceed in forma pauperis by 6/22/2009. Signed by Magistrate Judge Stephen L. Crocker on 5/29/09. (elc),(ps)

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IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN D W IG H T R. McMILLIAN, P e ti ti o n e r , v. W a r de n , F a c i li t y , Wisconsin Secure Program OR DER 0 9 -c v -0 3 2 7 -s lc R espo nd ent. D w ight McMillian has filed a document, with attachments, that this court has co n stru ed to be a petition 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 must be accom panied 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 t i ti o 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. 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 befo re June 22, 2009. Alternatively, petitioner must submit the $5 filing fee. The court will tak e 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 either of these submissions on or before June 22, 2009, the cou rt will dismiss the petition for failure to prosecute. E n tered this 29t h day of May, 2009. B Y THE COURT: /s/ S T E P H E N L. CROCKER M agistrate Judge 2

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