Grosskopf, Darrin v. Pollard, William

Filing 3

ORDER on ifp request: Petitioner to submit Trust fund account statement. Trust Fund Account Statement due 10/18/2011. Signed by Magistrate Judge Stephen L. Crocker on 9/28/2011. (jef),(ps)

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

DARRIN D. GROSSKOPF,
Petitioner,
v.

ORDER
11-cv-667-bbc

WILLIAM POLLARD,
Respondent.

Petitioner Darrin Grosskopf, a prisoner at the Stanley Correctional Institution in Stanley,
Wisconsin, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. 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 § 2254 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

October 18, 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 28th day of September, 2011.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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