Bohanan, James v. Eckstein, Scott
Filing
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ORDER on ifp request: Petitioner to submit $5 filing fee or a motion for leave to proceed in forma pauperis and trust fund account statement. $5 filing fee or Motion and Trust Fund Account Statement due 12/12/2013. Petitioner's 1 request for appointment of counsel is DENIED without prejudice. Signed by Magistrate Judge Peter A. Oppeneer on 11/20/2013. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JAMES P. BOHANAN,
Petitioner,
ORDER
v.
Case No. 13-cv-808-wmc
MICHAEL BAENEN,
Respondent.
Petitioner James P. Bohanan is currently in custody of the Wisconsin Department of
Corrections at the Green Bay Correctional Institution. He has filed a petition for a writ of
habeas corpus under 28 U.S.C. § 2254, challenging his conviction. He has neither paid the
$5 filing fee nor requested leave to proceed in forma pauperis in this habeas proceeding. For
this case to move forward, petitioner must pay the $5 filing fee or submit a properly
supported motion for leave to proceed in forma pauperis no later than December 12, 2013.
In the event that petitioner requests leave to proceed in forma pauperis, he must submit
a trust fund account statement 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). The federal in forma pauperis statute does not permit a court to waive a
prisoner’s entire obligation to pay filing fees, but it does allow a qualifying individual to
proceed without prepaying some or all of the filing fee. To determine whether petitioner
qualifies as indigent, any motion for leave to proceed in forma pauperis must include a certified
copy of his inmate trust fund account statement (or institutional equivalent) for the sixmonth period beginning approximately April 31, 2013, through the date of his petition,
October 31, 2013.
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If petitioner does not submit either the $5 payment or a motion for leave to proceed
in forma pauperis before December 12, 2013, the court will assume that he wishes to withdraw
this action voluntarily and will dismiss the petition without further notice under Fed. R. Civ.
P. 41(a).
In his habeas petition, petitioner also requests appointment of counsel. There is no
right to counsel in federal habeas proceedings under § 2254. See, e.g., Pennsylvania v. Finley,
481 U.S. 551, 555 (1987). Rather, a district court may appoint counsel for a habeas corpus
petitioner only where the petitioner is (1) “financially eligible” for such an appointment
under the Criminal Justice Act (CJA), and (2) such an appointment would serve “the interests
of justice.” 18 U.S.C. § 3006A(a)(2). Petitioner, who has not submitted any information
about his financial status, fails to meet either criteria. Accordingly, the court will deny his
request at this time.
ORDER
IT IS ORDERED that:
1.
Petitioner James P. Bohanan’s request for appointment of counsel (Dkt. # 1) is
DENIED without prejudice.
2.
No later than December 12, 2013 James P. Bohanan shall pay the $5 filing fee
or submit a properly supported motion for leave to proceed in forma pauperis
together with a certified copy of his inmate trust fund account statement for
the six-month period from the date of the habeas petition (October 31, 2013
through at least April 31, 2013).
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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 20th day of November 2013.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge
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