Evans, Eddie v. Wall, Edward et al

Filing 4

ORDER on ifp request: Petitioner Eddie Gene Evans given until August 15, 2014 to submit a certified copy of his inmate account statement. In the event petitioner fails to respond to this order, the clerk of court is directed to close this case without prejudice to petitioner's filing his case at a later date. Signed by Magistrate Judge Peter A. Oppeneer on 7/17/2014. (nln),(ps)

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

EDDIE GENE EVANS,
Petitioner,

ORDER
14-cv-384-wmc

v.
EDWARD WALL AND CAPTIAN DONAVAN,
Respondents.

In an order entered in this case on June 3, 2014, Petitioner Eddie Gene Evans was
told that before the court could consider his request to proceed without prepayment of
the filing fee he would have to submit a motion for leave to proceed without prepayment
of the filing along with an inmate account statement covering the six-month period
preceding the filing of his petition for writ of habeas corpus so that the court could assess
an initial partial payment of the $5.00 filing fee. Petitioner's initial partial payment
cannot be calculated at this time because he has not submitted the requested inmate
account statement.
In response to the June 3, 2014 order, petitioner submitted a motion for leave to
proceed without prepayment of fees and costs along with a disbursement request dated
June 15, 2014, showing petitioner requested a six-month trust fund account statement
from Columbia Correctional Institution (“CCI”).
petitioner’s six-month trust fund account statement.

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The court has yet to receive

If petitioner intends to pursue his request to proceed without prepayment of the
filing fee in this case, he will need to submit a six-month trust fund account statement. A
prisoner’s account statement must be for the six-month period immediately preceding the
filing of the complaint. Here, this would be the period beginning November 22, 2013,
through the date of his petition, May 22, 2014. Petitioner should show a copy of this
order to CCI officials to insure that they are aware they should send a copy of
petitioner’s inmate account statement to this court. Once petitoner has submitted the
necessary statement, I will calculate his initial partial payment and advise him of the
amount he will have to pay before the court can consider his petition. If petitioner fails
to provide his statement, this case will be closed. If CCI is unable to provide petitioner
with this information, petitioner should send CCI’s response to the court. I will grant
petitioner a brief extension of the deadline, until August 15, 2014, to submit either his
trust fund account statement or to pay the $5.00 filing fee in full.

ORDER
IT IS ORDERED that petitioner Eddie Gene Evans may have until August 15,
2014, in which to submit a certified copy of his inmate account statement for as much of
the period beginning approximately November 22, 2013, and ending approximately
May 22, 2014, as he can. If by August 15, 2014, petitioner fails to respond to this order,
I will assume that he wishes to withdraw this action voluntarily. In that event, the clerk

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of court is directed to close this case without prejudice to petitioner's filing his case at a
later date.

Entered this 17th day of July, 2014.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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