Evans, Eddie v. Meisner, Michael

Filing 4

ORDER denying 2 motion for leave to proceed in forma pauperis. Petitioner to submit $5 or Trust fund account statement. ($5 or Trust Fund Account Statement due 11/22/2013.) Signed by Magistrate Judge Peter A. Oppeneer on 11/1/2013. (jef),(ps)

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

EDDIE GENE EVANS,
Petitioner,
v.

ORDER
13-cv-730-wmc

MICHAEL MEISNER, Warden,
Columbia Correctional Institution,
Respondent.

Petitioner Eddie Gene Evans is currently in custody of the Wisconsin Department of
Corrections at the Columbia Correctional Institution. He has filed a petition for a writ of
habeas corpus under 28 U.S.C. § 2254 and has submitted a motion for leave to proceed in
forma pauperis. (Dkt. # 2). The court cannot consider this motion, however, because it lacks
supporting documentation regarding his eligibility for indigent status. For this case to move
forward, petitioner must either pay the $5 filing fee or submit a certified inmate trust fund
account statement (or institutional equivalent) for the six-month period immediately
preceding the filing of his habeas corpus petition. See 28 U.S.C. § 1915(a)(2); Longbehn v.
United States, 169 F.3d 1082 (7th Cir. 1999). If petitioner does not submit either the $5
filing fee or a trust fund account statement before November 22, 2013, the court will assume
that he wishes to withdraw this action voluntarily and will dismiss the petition without
prejudice under Fed. R. Civ. P. 41(a).

ORDER
IT IS ORDERED that:
1.

The motion for leave to proceed in forma pauperis (Dkt. # 2) is DENIED at
this time.

2.

No later than November 22, 2013, petitioner Eddie Evans shall pay the $5
filing fee or submit a certified copy of his inmate trust fund account statement
for the six-month period from the date of the habeas petition (April 18, 2013
through at least October 18, 2013).

3.

Petitioner is advised that, if he fails to comply as directed or show cause
for his failure to do so, the court will assume that he does not wish to
proceed and this case will be dismissed without further notice pursuant
to Fed. R. Civ. P. 41(a).

Entered this 1st day of November, 2013.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge