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)

Download PDF
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. Dockets.Justia.com 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 2

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?