Butler, Sean v. Huibregtse, Peter

Filing 2

Order on ifp request: $ 5 filing fee or application for leave to proceed in forma pauperis due 4/6/2010. Signed by Magistrate Judge Stephen L. Crocker on 3/17/2010. (eds),(ps)

IN THE UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF WISCONSIN

S E A N BUTLER, P e t i t io n e r , v. P E T E R HUIBREGTSE, Warden, W is co n sin Secure Program Facility, R espo n d en t. ORD ER 1 0 - c v- 1 2 8 -b b c

S e an Butler has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pu rsu an t to Rule 3 of the Rules Governing Section 2254 Cases, the petition must be accompanied by: (1 ) (2 ) th e five dollar ($5) filing fee; OR a motion for leave to proceed in forma pauperis, the affidavit required by 28 U.S.C. § 1 9 1 5, and a certificate from the warden or other appropriate officer of the place of c o n fin em en t showing the amount of money or securities that the petitioner has in a n y account in the institution.

Petition er has not submitted either the filing fee or the paperwork necessary to support a d ete rm in atio n 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 petitio n er with this order. Petitioner should complete it and return it to the court on or before April 6 , 2010. Alternatively, petitioner must submit the $5 filing fee. The court will take no further action o n the petition until petitioner returns a completed application for leave to proceed in forma pauperis o r submits the filing fee. If petitioner fails to make either of these submissions on or before April 6, 20 10 , the court will dismiss the petition for failure to prosecute. E n ter ed this 17 th day of March , 2010. B Y THE COURT: /s / S T E P H E N L. CROCKER M a g is tr a te Judge