Jacobs, Chris v. CCI Warden et al

Filing 2

ORDER on ifp request: Petitioner to submit $5 filing fee or Trust fund account statement. Fee or Trust Fund Account Statement due 2/10/2015. Signed by Magistrate Judge Peter A. Oppeneer on 1/20/2015. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
CHRIS J. JACOBS III,
Petitioner,

ORDER

v.
Case No. 15-cv-34-bbc
CCI WARDEN, et al.
Respondents.

Petitioner Chris J. Jacobs III 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 February 10, 2015. In the event that petitioner requests leave to
proceed without prepayment, a certified copy of petitioner’s inmate trust fund account
statement for the six-month period immediately preceding the filing of the habeas corpus
petition must be submitted. 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 December 21, 2014 through
the date of the petition, June 21, 2014.

If petitioner does not submit either the $5 payment or a motion for leave to proceed
without prepayment before February 10, 2015, 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 February 10, 2015, petitioner Chris J. Jacobs III 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 petitioner’s inmate trust fund
account statement for the six-month period from the date of the habeas petition (June 21,
2014 through at least December 21, 2014).
2.

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.

Entered this 20th day of January, 2015.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge