Shuttlesworth, Jermaine v. Respondent

Filing 3

ORDER on ifp request: Petitioner to submit $5 or Motion for ifp and trust fund account statement. $5 fee or motion and Trust Fund Account Statement due 9/15/2014. Signed by Magistrate Judge Peter A. Oppeneer on 8/25/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JERMAINE W. SHUTTLESWORTH ,
Petitioner,

ORDER

v.
Case No. 14-cv-567-jdp
RESPONDENT,
Respondent.

Petitioner Jermaine W. Shuttlesworth seeks a writ of habeas corpus pursuant to 28
U.S.C. § 2254. 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 September 15, 2014. In the event that petitioner requests leave
to proceed without prepayment, petitioner must submit a trust fund account statement for
the six-month period immediately preceding the filing of his habeas corpus petition. 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 an
inmate trust fund account statement (or institutional equivalent) for the six-month period
beginning approximately February 9, 2014 through the date of the petition, August 9, 2014.
If petitioner does not submit either the $5 payment or a motion for leave to proceed
without prepayment before September 15, 2014, I will assume that petitioner wishes to
withdraw this action voluntarily and will dismiss the petition without further notice.

ORDER
IT IS ORDERED that:
1.

No later than September 15, 2014, petitioner Jermaine W. Shuttlesworth 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 an inmate trust fund account
statement for the six-month period from the date of the habeas petition (August 9, 2014
through at least February 9, 2014).
2.

If petitioner fails to pay the $5 filing fee, comply as directed, or show cause for

his failure to do so, this case will be dismissed without further notice.

Entered this 25th day of August, 2014.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge