Singleton, Marcus v. Smith, Judy

Filing 13

ORDER granting 2 Motion for Leave to Proceed in forma pauperis; denying as moot 10 Motion for Use of Release Account Funds. Signed by Magistrate Judge Peter A. Oppeneer on 8/5/2015. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
MARCUS ORLANDO SINGLETON,
Petitioner,

ORDER

v.
Case No. 15-cv-355-wmc
JUDY P. SMITH,
Respondent.

On July 16, 2015, I determined that petitioner Marcus Orlando Singleton did not
qualify for indigent status and directed him to pay the $5.00 filing fee in this case. Now
petitioner has filed a motion to use his release account funds to pay his filing fee. Petitioner’s
motion will be denied; however, upon reconsideration of petitioner’s trust fund account
statement, I will grant his motion to proceed without prepayment of the filing fee.
In his motion, petitioner says does not have any funds in his regular account and
cannot pay his filing fee. A review of petitioner’s trust fund account statement shows that
the account balance in his regular account is $0.00 and he has not had any deposits since
April 2, 2015. Accordingly, it appears that petitioner presently has no means with which to
pay the filing fee for his petition. Under these circumstances, the court will grant petitioner’s
motion for leave to proceed without prepayment of the filing fee.

ORDER
IT IS ORDERED that:
1.

Petitioner Marcus Orlando Singleton’s motion for leave to proceed without

prepayment of the filing fee is GRANTED.

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2.

Petitioner’s motion to use his release account funds to pay the filing fee is

DENIED as moot.
Entered this 5th day of August, 2015.

BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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