Wagner, Ronald v. Dittman, Michael

Filing 2

ORDER directing Petitioner to submit either the $5 filing fee or a six-month trust fund account statement by 7/31/2012. Signed by Magistrate Judge Stephen L. Crocker on 7/9/12. (elc),(ps)

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

RONALD HELMUT WAGNER,
Petitioner,
v.

ORDER
12-cv-487-wmc

MICHAEL DITTMAN, Warden,
Redgranite Correctional Institution,
Respondent.

Ronald Wagner, has filed an application for a writ of habeas corpus pursuant to 28
U.S.C. § 2254. Pursuant to Rule 3 of the Rules Governing Section 2254 Cases, the petition
must be accompanied by:
(1)

the five dollar filing fee; OR

(2)

a motion for leave to proceed in forma pauperis, the affidavit required by 28 U.S.C.
§ 1915, and a certificate from the warden or other appropriate officer of the place
of confinement showing the amount of money or securities that the petitioner has
in any account in the institution.

This court also requires prisoners seeking leave to proceed in forma pauperis to submit a trust fund
account statement for the six-month period immediately preceding the filing of his habeas corpus
petition. See Longbehn v. United States, 169 F.3d 1082 (7th Cir. 1999).
Petitioner has not submitted either the filing fee or the paperwork necessary to support
a determination that he is entitled to proceed without paying the filing fee. This court can take
no action on the petition until he makes one of these submissions.
I offer the following for petitioner’s consideration to help him determine whether he will
qualify for leave to proceed in forma pauperis. 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
July 31, 2012 petitioner does not submit either the $5 payment or an application to proceed in
forma pauperis, accompanied by 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. A copy
of a blank application for leave to proceed in forma pauperis is being mailed to petitioner with this
order.

Entered this 9th day of July, 2012.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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