Cirino, Hector v. Ward, L.

Filing 2

ORDER that petitioner is to submit the $5 filing fee or a motion for leave to proceed in forma pauperis and trust fund account statement by 7/18/2014. Signed by Magistrate Judge Peter A. Oppeneer on 6/23/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
HECTOR CIRINO,
Petitioner,

ORDER

v.
Case No. 14-cv-452-jdp
L.C. WARD,
Respondent.

Petitioner Hector Cirino seeks a writ of habeas corpus under 28 U.S.C. § 2241.
Petitioner has neither paid the $5 filing fee nor requested leave to proceed without
prepayment of the filing fee. 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 the
filing fee no later than July 18, 2014.
In the event that petitioner requests leave to proceed without prepayment of the filing
fee, Petitioner 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 without
prepayment of the filing fee must include a certified copy of his inmate trust fund account
statement (or institutional equivalent) for the six-month period beginning approximately
December 19, 2013, through the date of his petition, June 19, 2014.

1

If petitioner does not submit either the $5 payment or a motion for leave to proceed
without prepayment of the filing fee before July 18, 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 no later than July 18, 2014 petitioner Hector Cirino shall pay
the $5 filing fee or submit a properly supported motion for leave to proceed without
prepayment of the filing fee together with a certified copy of his inmate trust fund account
statement for the six-month period from the date of the habeas petition (June 19, 2014
through at least December 19, 2013). If petitioner fails to comply as directed or show cause
for his failure to do so, this case will be dismissed without further notice.

Entered this 23rd day of June, 2014.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

2