Lopez, Roberto v. Dittaman, Michael

Filing 10

ORDER denying petitioner's motion for leave to proceed without prepayment ofthe filing fee. $5 filing fee due 12/13/2016. Signed by Magistrate Judge Peter A. Oppeneer on 11/18/2016. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
ROBERTO LOPEZ,
also known as Miguel A. Dotel Sierra,
ORDER
Petitioner,
v.

Case No. 16-cv-754-jdp

MICHAEL DITTAMAN,
Respondent.

Petitioner Roberto Lopez seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254.
Petitioner requests leave to proceed without prepayment of the filing fee. Petitioner has
supported this request with an affidavit of indigency and a six-month trust account statement
from the institution.
In determining whether to allow a prisoner to proceed without prepayment, this court
uses the formula set forth in 28 U.S.C. § 1915(b)(1). Using information for the relevant
time period from petitioner’s trust fund account statement, I find that petitioner is able to
pay the filing fee.

Accordingly, I will deny petitioner’s application for leave to proceed

without prepayment of the filing fee. To proceed further on this habeas petition, petitioner
must pay the $5 filing fee. If petitioner fails to pay the fee by December 13, 2016, the
petition, I will assume that petition wishes to withdraw this petition.

ORDER
IT IS ORDERED that:
1.

Petitioner Roberto Lopez’s motion for leave to proceed without prepayment of

the filing fee is DENIED. Petitioner has until December 13, 2016 in which to pay the $5
filing fee.
2.

If by December 13, 2016 petitioner fails to submit the $5 filing fee, I will

assume that petitioner wishes to withdraw this petition.

Entered this 18th day of November, 2016.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge