Schuenke, Lloyd v. Smith, Judy

Filing 2

ORDER on ifp request: Petitioner to submit or $5 filing fee or trust fund account statement. Fee or Trust Fund Account Statement due 5/13/2014. Signed by Magistrate Judge Peter A. Oppeneer on 4/21/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
LLOYD T. SCHUENKE,
Petitioner,

ORDER

v.
Case No. 14-cv-276-wmc
JUDY P. SMITH,
Respondent.

Petitioner Lloyd T. Schuenke, seeks a federal writ of habeas corpus pursuant to 28
U.S.C. § 2241 to challenge the validity of his sentence. He has neither paid the $5 filing fee
nor requested leave to proceed without prepayment of fees 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 without prepayment of fees no later than May 13,
2014. In the event that petitioner requests leave to proceed without prepayment of fees, 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).
If petitioner does not submit either the $5 payment or a motion for leave to proceed
without prepayment of fees before May 13, 2014, the court will assume that he wishes to
withdraw this action voluntarily and will dismiss the petition without further notice.

ORDER
IT IS ORDERED that:
1.

No later than May 13, 2014, petitioner Lloyd T. Schuenke, shall pay

the $5 filing fee or submit a properly supported motion for leave to proceed without
prepayment of fees together with a certified copy of his inmate trust fund account statement
for the six-month period from the date of the habeas petition (April 9, 2014 through at least
September 9, 2013).
2.

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 21st day of April, 2014.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge