Jacobs v. Huibregtse

Filing 3

Order : Petitioner to submit six-month trust fund account statement or $5 filing fee and completed 2254 petition on the court's form by 12/15/2009. Signed by Magistrate Judge Stephen L. Crocker on 11/23/09. (elc),(ps)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN CHRIS J. JACOBS, III, Petitioner, v. 09-cv-0652-bbc PETER HUIBREGTSE, Warden, Wisconsin Secure Program Facility, Respondent. ORDER Chris J. Jacobs, III, 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 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 the petitioner has in any account in the institution. Petitioner has not submitted either the filing fee or the paperwork necessary to support 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 petitioner with this order. Petitioner should complete it and return it to the court on or before December 15, 2009. Alternatively, petitioner must submit the $5 filing fee. In addition, the petition is difficult to understand and hard to read. Accordingly, a blank § 2254 form is being mailed to petitioner with this order. Petitioner should complete it and return it with his filing fee. The court will take no further action on the petition until petitioner: 1) returns a completed application for leave to proceed in forma pauperis or submits the filing fee; and 2) submits a new, legible petition on the form provided. If petitioner fails to make these submissions on or before December 15, 2009, the court will dismiss the petition for failure to prosecute. Entered this 23rd day of November, 2009. BY THE COURT: /s/ STEPHEN L. CROCKER Magistrate Judge 2

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