Phiffer, Earl v. Hepp, Randall

Filing 4

ORDER denying petitioner's request to proceed without prepayment of the filing fee. Petitioner to submit $5 filing fee or Trust fund account statement. ($5 fee or 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
EARL D. PHIFFER ,
Petitioner,

ORDER

v.
Case No. 14-cv-573-bbc
RANDALL HEPP, Warden
Respondent.

Petitioner Earl D. Phiffer seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254.
Petitioner has submitted a motion for leave to proceed without prepayment of the filing fee.
(Dkt. # 3). The court cannot consider this motion, however, because it lacks supporting
documentation regarding petitioner’s eligibility for indigent status. For this case to move
forward, petitioner must either pay the $5 filing fee or submit a certified inmate trust fund
account statement (or institutional equivalent) for the six-month period immediately
preceding the filing of this habeas corpus petition. If petitioner does not submit either the $5
filing fee or a trust fund account statement before September 15, 2014, the court will assume
that petitioner wishes to withdraw this action voluntarily and will dismiss the petition
without further notice.

ORDER
IT IS ORDERED that:
1.

The motion for leave to proceed without prepayment of the filing fee (Dkt. #

3) is DENIED at this time.

2.

No later than September 15, 2014, petitioner Earl D. Phiffer shall pay the $5

filing fee or submit a certified copy of an inmate trust fund account statement for the sixmonth period from the date of the habeas petition (February 7, 2014 through at least
August 7, 2014).
3.

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