Robinson, James v. Tegels
Filing
5
ORDER denying petitioner's 3 petition for leave to proceed in forma pauperis. Petitioner has until March 15, 2013 in which to pay the $5 filing fee. Signed by Magistrate Judge Stephen L. Crocker on 2/21/2013. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JAMES ROBINSON,
Petitioner,
v.
ORDER
13-cv-116-wmc
WARDEN TAGIEL,
Respondent.
Petitioner James Robinson, a prisoner at the Jackson Correctional Institution in Black
River Falls, Wisconsin, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C.
§ 2254. He requests leave to proceed in forma pauperis. Petitioner has supported his request with
an affidavit of indigency and a six-month trust account statement from the institution.
In determining whether to allow a prisoner to proceed in forma pauperis, this court uses
the following formula. First, the court determines 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, the petitioner is not 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.
Applying this formula to petitioner, I find that he is able to pay the filing fee. According
to the trust account statement, in the past six months petitioner’s monthly deposits have
averaged $38.30. Twenty percent of this figure is $7.66. Accordingly, I will deny petitioner’s
application for leave to proceed in forma pauperis. To proceed further on his habeas petition,
petitioner must pay the $5 filing fee. If he fails to pay the fee by March 12, 2013, his petition
will be dismissed for his failure to prosecute it.
ORDER
IT IS ORDERED that the petition of James Robinson for leave to proceed in forma pauperis
is DENIED. Petitioner has until March 15, 2013 in which to pay the $5 filing fee. If he fails
to submit the fee by March 15, 2013, his petition will be dismissed for failure to prosecute it.
Entered this 21st day of February, 2013.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge
2
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