Butler, Sean v. Huibregtse, Peter

Filing 12

ORDER Construing 11 Request for Issuance of a Certificate of Appealability as a notice of appeal. Petitioner has until 11/22/10 to either pay the $455 appeal filing and docketing fee or to file a motion to proceed in forma pauperis on appeal. Signed by District Judge Barbara B. Crabb on 10/22/10. (elc),(ps)

Butler, Sean v. Huibregtse, Peter

Doc. 12

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

S EA N BUTLER, 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 1 0 - cv -0 1 2 8 - b b c

The Court of Appeals for the Seventh Circuit has forwarded to this court Sean B utler's request for a certificate of appealability. Dkt. #11. I have already determined in previo us orders in this case that petitioner is not entitled to a certificate. See Order, March 26, 2010, dkt. #3 at 7; Order, August 13, 2010, dkt. #10, at 7. Accordingly, I construe petitio ner's request as a notice of appeal. Because petitioner has not paid the $455 appellate filing fee, I presume that he seeks leave to proceed in forma pauperis on appeal. However, I am unable to determine whether petitioner should be allowed to proceed in forma pauperis because he has not submitted an affidavit of indigency. (Petitioner paid the five dollar filing fee in this court, so there is no affidavit of indigency to which this court could now refer). Petitioner may have until November 22, 2010 either to pay $455 to the clerk of this court as his appellate filing and docketing fee, or to file his motion for leave to proceed in forma

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pauperis on appeal. If petitioner fails to exercise one of these options by this deadline, then I will assume that he has abandoned his appeal.

ORDER IT IS ORDERED that 1. Petitioner's request for a certificate of appealability (dkt. #11) is construed as a no tice of appeal. 2. Petitioner has until November 22, 2010, in which to either pay $455 to the clerk of this court as his appellate filing and docketing fee, or to file his motion for leave to proceed in forma pauperis on appeal. Entered this 22 n d day of October, 2010.

B Y THE COURT: /s/ B AR B AR A B. CRABB D istrict Judge

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