Patrick, Millard v. Baenen, Michael

Filing 6

ORDER on ifp request: Petitioner is denied leave to proceed in forma pauperis. $5.00 Filing Fee is due by 5/31/2013. Signed by Magistrate Judge Peter A. Oppeneer on 5/3/2013. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
MILLARD PATRICK II,
Petitioner,
v.

ORDER
13-cv-230-wmc

STATE OF WISCONSIN,
Respondent.

In an order entered in this case on April 8, 2013, I told petitioner Millard Patrick, that
before this court could consider his request to proceed in forma pauperis he would have to submit
a trust fund account statement covering the six-month period preceding the filing of his petition
so that an initial partial payment of the $5 filing fee could be assessed. Petitioner has submitted
the requested statement.
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, petitioner’s average monthly balance is $56.63. Twenty percent
of this figure is $11.33. 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 May 31, 2013, his petition will be dismissed for his failure to
prosecute it.

ORDER
IT IS ORDERED that the petition of Millard Patrick for leave to proceed in forma pauperis
is DENIED. Petitioner has until May 31, 2013 in which to pay the $5 filing fee. If he fails to
submit the fee by May 31, 2013, his petition will be dismissed for failure to prosecute it.
Entered this 3rd day of May, 2013.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge

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