Dunn, Phillip v. State of Wisconsin
Filing
4
ORDER denying ifp request at this time: Petitioner to submit fee or trust fund account statement. Fee or Trust Fund Account Statement due 5/4/2016. Signed by Magistrate Judge Peter A. Oppeneer on 4/11/2016. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
PHILLIP S. DUNN ,
Petitioner,
ORDER
v.
Case No. 16-cv-224-bbc
STATE OF WISCONSIN,
Respondent.
Petitioner Phillip S. Dunn 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 May 4, 2016, the court will
assume that petitioner wishes to withdraw this action voluntarily and will dismiss the
petition without prejudice under Fed. R. Civ. P. 41(a).
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 May 4, 2016, petitioner Phillip S. Dunn shall pay the $5 filing
fee or submit a certified copy of petitioner’s inmate trust fund account statement for the sixmonth period from the date of the habeas petition (April 8, 2016 through at least October 8,
2015).
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 prejudice.
Entered this 11th day of April, 2016.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge
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