Sandoval, Marcelo v. Holinka, Carol

Filing 2

ORDER on ifp request: Petitioner to submit Trust fund account statement. Trust Fund Account Statement due 5/9/2011. Signed by Magistrate Judge Stephen L. Crocker on 4/19/2011. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

MARCELO SANDOVAL,
Petitioner,
v.

ORDER
11-cv-255-bbc

CAROL HOLINKA,
Respondent.

Petitioner Marcelo Sandoval, a prisoner at the Oxford Federal Correctional Institution
in Oxford, Wisconsin, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. §
2241. I construe his petition to include a request for leave to proceed in forma pauperis.
However, I cannot determine whether petitioner is indigent for the purpose of filing a § 2241
petition until he submits a trust fund account statement for the six-month period immediately
preceding the filing of his habeas corpus petition. See Longbehn v. U.S., 169 F.3d 1082 (7th Cir.
1999).
Once petitioner submits his trust fund account statement, this court will calculate
petitioner's average monthly deposits and his average monthly balances for the six-month period
mentioned above. If 20% of the greater of these two figures is $5 or more, he will not be eligible
for indigent status and will have to prepay all of the $5 filing fee. If 20% of the greater of these
two figures is less than $5, he will be required to prepay whatever portion less than $5 has been
calculated.
Now that petitioner is aware of the formula this court uses in determining whether a
prisoner is indigent for the purpose of paying a $5 filing fee, he may be able to figure easily
whether he qualifies. If he knows that he will not qualify for indigent status, he may elect to
submit a check or money order made payable to the clerk of court in the amount of $5 in lieu

of the six-month statement requested above. In any event, petitioner should act quickly. If, by
May 9th , 2011, petitioner does not submit either the $5 payment or a trust fund account
statement for the last six months, his request for leave to proceed in forma pauperis will be denied
and this action will be closed.

Entered this 19th day of April, 2011.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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