DeRoo v. Holinka

Filing 2

Order on ifp request: Trust Fund Account Statement or $5 filing fee due 3/25/2010. Signed by Chief Judge Barbara B. Crabb on 3/3/2010. (eds),(ps)

Download PDF
IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------A A R O N DeROO, ORDER Petitioner, 1 0 - cv -9 5 - b b c v. HOLINKA, R espo nd ent. --------------------------------------------P etitio n er, a prisoner at the Federal Correctional Institution in Oxford, Wisconsin, h as filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. He has not p aid the $5 filing fee or submitted a certified copy of his six-month trust fund account statem ent. I can construe his petition to include a request for leave to proceed in forma pau peris, but I cannot determine whether petitioner is indigent for the purpose of filing a § 2241 petition until he submits a trust fund account statement for the six-month period im m ediately preceding the filing of his habeas corpus petition. Longbehn v. United States, 169 F.3d 1082 (7th Cir. 1999). Petitioner's trust fund account statement should cover the six-m o nth period beginning approximately August 24, 2009 and ending approximately Februa ry 22, 2010. 1 O nce petitioner submits his trust fund account statement, this court will calculate petition er's average monthly deposits and his average monthly balances for the six-month p erio d mentioned above. If 20% of the greater of these two figures is $5 or more, he will not be eligible for indigent status and will have to prepay all of the $5 filing fee. If 20% of the greater of these two figures is less than $5, he will be required to prepay whatever portion less than $5 has been calculated. Now that petitioner is aware of the formula this court uses in determining whether a prisoner is indigent for the purpose of paying a $5 filing fee, he may be able to figure easily w hether he qualifies. If he knows that he will not qualify for indigent status, he may elect to submit a check or money order made payable to the clerk of court in the amount of $5 in lieu of the six-month statement requested above. In any event, petitioner should act qu ickly. If, by March 25, 2010, petitioner does not submit either the $5 payment or a trust fund account statement for the last six months, I will assume that he wishes to withdraw this action voluntarily and I will dismiss the petition without prejudice to his filing his case at a later date. Petitioner should show a copy of this order to prison officials so that they are aw a re they should send either the $5 filing fee or the required trust fund account statement to this court. 2 OR DER IT IS ORDERED that petitioner may have until March 25, 2010, in which to submit a trust fund account statement for the period beginning August 24, 2009 and ending Februa ry 22, 2010. Alternatively, petitioner may have until March 25, 2010, in which to pay the $5 fee for filing his petition. If, by March 25, 2010, petitioner does not pay the filing fee or submit the required trust fund account statement, the clerk of court is directed to close this case for petitioner's failure to prosecute. E n tered this 3 r d day of March, 2010. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?