Boyd, Demetrius v. Boughton, Gary

Filing 2

ORDER on ifp request: Petitioner to submit $5 fee or motion for ifp. Fee or Motion due 12/2/2015. Signed by Magistrate Judge Peter A. Oppeneer on 11/12/2015. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DEMETRIUS BOYD ,
Petitioner,

ORDER

v.
Case No. 15-CV-718-WMC
GARY BOUGHTON,
Respondent.

Petitioner Demetrius Boyd 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 December 2, 2015.
Federal law 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 May 5, 2015 through the date of the petition, November 5, 2015.
ORDER
IT IS ORDERED that:
1.

Petitioner Demetrius Boyd may have until December 2, 2015, to pay

the $5 filing fee or submit a properly supported motion for leave to proceed without
prepayment of the filing fee.

2.

If petitioner does not submit either the $5 payment or a motion for leave to

proceed without prepayment before December 2, 2015, I will assume that petitioner wishes
to withdraw this action voluntarily and will dismiss the petition without further notice.
Entered this 12th day of November, 2015.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge