Mastro, Anthony v. Tegels, Lizzie

Filing 2

ORDER on ifp request: Petitioner Anthony Mastro to submit $5 fee or Trust Fund Account Statement by 5/10/2016. Signed by Magistrate Judge Peter Oppeneer on 4/21/2016. (nln),(ps)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN ANTHONY S. MASTRO, Petitioner, ORDER v. Case No. 16-cv-251-wmc WARDEN LIZZIE TEGELS, Respondent. Petitioner Anthony S. Mastro seeks a writ of habeas corpus pursuant to 28 U.S.C. ยง 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 May 10, 2016. 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 October 18, 2015 through the date of the petition, April 18, 2016. ORDER IT IS ORDERED that: 1. Petitioner Anthony S. Mastro may have until May 10, 2016, 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 May 10, 2016, I will assume that petitioner wishes to withdraw this action voluntarily and will dismiss the action without prejudice. Entered this 21st day of April, 2016. BY THE COURT: /s/ PETER OPPENEER Magistrate Judge

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