Walker, Benjamin v. Huibregtse, Peter

Filing 4

ORDER on ifp request: Initial partial filing fee of $.44 assessed. Initial partial filing fee due 12/1/2010. Signed by Magistrate Judge Stephen L. Crocker on 11/12/2010. (jef),(ps)

W a l k e r , Benjamin v. Huibregtse, Peter

Doc. 4

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

BENJAMIN WALKER, P etitio n er , v. P E T E R HUIBREGTSE, R espon den t. ORDER 1 0 -c v - 6 9 2 -b b c

P e t i t i o n e r Benjamin W a l k e r , a prisoner at the W i s c o n s i n Secure Program Facility in B o s c o b e l, W is c o n s in , has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He requests leave to proceed in forma pauperis. Petitioner has supported his request with a n affidavit of indigency and a six-month trust account statement from the institution. I n determining whether to allow a prisoner to proceed in forma pauperis, this court uses the f o l l o w i n g form u l a . First, the court determ i n e s petitioner's average monthly deposits and his a v e r a g e monthly balances for the six-month period immediately preceding the filing of his habeas c o r p u s petition. If 20% of the greater of these two figures is $5 or more, the petitioner is not e lig ib l e for indigent status and will have to prepay all of the $5 filing fee. If 20% of the greater o f these two figures is less than $5, he will be required to prepay whatever portion less than $5 h a s been calculated. A p p l y in g this formula to petitioner, I find that he is able to pay at least a portion of the t h e filing fee. According to the trust account statement, in the past six months petitioner's a v e r a g e monthly deposits have been $2.20. (His average monthly balance in his regular account a p p e a r s to be less than this amount.) Twenty percent of this figure is $0.44. Accordingly, I will g r a n t petitioner's application for leave to proceed in forma pauperis on the condition that he p r e p a y $0.44.

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ORD ER I T IS ORDERED that the petition of Benjamin W a lk e r for leave to proceed in forma p a u p e r i s is GRANTED on the condition that he prepay the amount of $0.44. Petitioner has until D e c e m b e r 1, 2010 to pay this amount. If he fails to submit the partial filing fee by December 1 , 2010, his petition may be dismissed for failure to prosecute it.

Entered this 12 th day of November, 2010. B Y THE COURT: /s / S T E P H E N L. CROCKER M a g is tr a t e Judge

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