Washington, Rodney v. Boughton, Gary

Filing 5

ORDER directing petitioner to submit either the $5.00 filing fee or motion for leave to proceed in forma pauperis with a six-month trust fund account statement by 4/10/2014. Petitioner's 4 motion for appointment of counsel is DENIED without prejudice. Signed by Magistrate Judge Peter A. Oppeneer on 3/25/2014. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
RODNEY WASHINGTON,
Petitioner,

ORDER

v.
Case No. 14-cv-208-wmc
TIM HAINES,
Respondent.

Petitioner Rodney Washington is currently in custody of the Wisconsin Department
of Corrections at the Wisconsin Secure Program Facility. He has filed a petition for a writ of
habeas corpus under 28 U.S.C. § 2254, challenging the calculation of his sentence. 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 April 10, 2014.
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 September 10, 2013, through the date of his petition,
March 10, 2014.

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If petitioner does not submit either the $5 payment or a motion for leave to proceed
in forma pauperis before April 10, 2014, the court will assume that he wishes to withdraw this
action voluntarily and will dismiss the petition without further notice.
Petitioner has also filed a motion for 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 motion
at this time.

ORDER
IT IS ORDERED that:
1.

Petitioner Rodney Washington’s motion for appointment of counsel (Dkt. #

4) is DENIED without prejudice.
2.

No later than April 10, 2014 Rodney Washington 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 (March 10, 2014 through at least September 10, 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.

Entered this 25th day of March, 2014.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge

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