Robinson, Christopher v. United States of America

Filing 2

ORDER on ifp request: Petitioner to submit Trust fund account statement or $5 filing fee. Trust Fund Account Statement or $5 filing fee due 5/20/2011. Signed by Magistrate Judge Stephen L. Crocker on 4/28/2011. (jef),(ps)

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

CHRISTOPHER ROBINSON,
ORDER
Petitioner,
11-cv-310-wmc
v.
UNITED STATES OF AMERICA,
Respondent.

Petitioner, a prisoner at the Federal Correctional Institution in Oxford, Wisconsin, has
filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. He has not paid the
$5 filing fee or submitted a certified copy of his six-month trust fund account statement. I can
construe his petition to include a request for leave to proceed in forma pauperis, but 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. Longbehn v. United States, 169 F.3d 1082 (7th Cir. 1999).
Petitioner’s trust fund account statement should cover the six-month period beginning
approximately October 27, 2010 and ending approximately April 27, 2011.
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 20, 2011, petitioner does not submit either the $5 payment or a trust fund account
statement for the last six months, I will assume that he wishes to withdraw this action
voluntarily and I will dismiss the petition without prejudice to his filing his case at a later date.
Petitioner should show a copy of this order to prison officials so that they are aware they should
send either the $5 filing fee or the required trust fund account statement to this court.

ORDER
IT IS ORDERED that petitioner may have until May 20, 2011, in which to submit a
trust fund account statement for the period beginning approximately October 27, 2010 and
ending approximately April 27, 2011. Alternatively, petitioner may have until May 20, 2011,
in which to pay the $5 fee for filing his petition. If, by May 20, 2011, petitioner does not pay
the filing fee or submit the required trust fund account statement, the clerk of court is directed
to close this case for petitioner’s failure to prosecute.

Entered this 28th day of April, 2011.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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