Taylor, Anthony v. Kemper, Paul

Filing 4

ORDER on ifp request: Petitioner to submit $5 filing fee or Trust fund account statement. ($5 filing fee or Trust Fund Account Statement due 1/2/2015. ) Signed by Magistrate Judge Peter A. Oppeneer on 12/3/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
ANTHONY D. TAYLOR, SR. ,
Petitioner,

ORDER

v.

Case No. 14-cv-830-bbc

PAUL S. KEMPER,
Warden, Racine Correctional Institution,
Respondent.

Petitioner Anthony D. Taylor, Sr. 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. # 2). The court cannot consider this motion, however, because it lacks
supporting documentation regarding petitioner’s eligibility for indigent status.

The trust

fund account statement that he has submitted is not a certified copy and only contains
information for a one-month period.
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 January 2, 2015, the
court will assume that petitioner wishes to withdraw this action voluntarily.

ORDER
IT IS ORDERED that:
1.

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

2) is DENIED at this time.

2.

No later than January 2, 2015, petitioner Anthony D. Taylor, Sr. shall pay the

$5 filing fee or submit a certified copy of petitioner’s inmate trust fund account statement for
the six-month period from the date of the habeas petition (November 24, 2014 through at
least May 24, 2014).
3.

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

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

3rd
Entered this ___ day of December, 2014.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge