Dobbs, Odell v. United States of America
ORDER on ifp request: Petitioner to submit Trust fund account statement. Trust Fund Account Statement due 10/21/2011. Signed by Magistrate Judge Stephen L. Crocker on 9/27/2011. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
UNITED STATES OF AMERICA,
Petitioner Odell Dobbs, a prisoner at the Allenwood Federal Correctional Institution in
White Deer, Pennsylvania, 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 March 15, 2011 and ending approximately
September 15, 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
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
October 21, 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.
IT IS ORDERED that petitioner Odell Dobbs may have until October 21, 2011, in which
to submit a trust fund account statement for the period beginning approximately March 15,
2011 and ending approximately September 15, 2011. Alternatively, petitioner may have until
October 21, 2011, in which to pay the $5 fee for filing his petition. If, by October 21, 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 27th day of September, 2011.
BY THE COURT:
STEPHEN L. CROCKER
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