Dougan, Donald v. State of Wisconsin

Filing 28

ORDER that petitioner shall pay the $505 appellate docketing fee or submit a motion for leave to proceed in forma pauperis with a Trust Fund Account Statement within 20 days of this order. Signed by Magistrate Judge Peter A. Oppeneer on 1/22/2014. (jef),(ps)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN DONALD ALLAN RAY DOUGAN, Petitioner, ORDER v. 11-cv-193-wmc App. No. 14-1115 WILLIAM POLLARD, Warden, Respondent. On December 30, 2013, the district court denied the supplemental habeas corpus petition filed by state prisoner Donald Allan Ray Dougan. It did so after determining that Dougan was not entitled to relief under 28 U.S.C. § 2254 on any of his claims. In that same order, the court denied a certificate of appealability and dismissed this case with prejudice. Dougan has now filed a notice of appeal from that order. To date, however, he has not paid the appellate docketing fee ($505.00). For his appeal to proceed, Dougan must either pay the fee within twenty days or submit a properly supported motion for leave to proceed in forma pauperis (without prepayment of the fee) in compliance with 28 U.S.C. § 1915(a)(2). ORDER IT IS ORDERED that, within twenty (20) days, petitioner Donald Allan Ray Dougan shall either (1) pay the $505.00 appellate docketing fee; or (2) submit a motion for leave to proceed in forma pauperis, together with a certified copy of his inmate trust fund account statement, in compliance with 28 U.S.C. § 1915(a)(2). Failure to comply as directed may result in the dismissal of his appeal without further notice. Entered this 22nd day of January, 2014. BY THE COURT: /s/ PETER C. OPPENEER Magistrate Judge

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