Smith, Tyrone, et al v. State of Wisconsin Court of Appeals, District One

Filing 5

ORDER that Petitioner Tyrone Davis Smith's 3 motion for leave to proceed withoutprepayment of the filing fee is DENIED. Full $5 filing fee due 2/15/17. Signed by Magistrate Judge Peter A. Oppeneer on 1/24/2017. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
STATE OF WISCONSIN, ex rel.
and TYRONE DAVIS SMITH,
ORDER
Petitioners,
v.

Case No. 17-cv-49-bbc

STATE OF WISCONSIN COURT OF
APPEALS, DITRICT ONE,
Respondents.

Petitioner Tyrone Davis Smith seeks a writ of habeas corpus pursuant to 28 U.S.C.
§ 2241. 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 February 15, 2017, the

petition, I will assume that petition wishes to withdraw this petition.

ORDER
IT IS ORDERED that:
1.

Petitioner Tyrone Davis Smith’s motion for leave to proceed without

prepayment of the filing fee is DENIED. Petitioner has until February 15, 2017 in which to
pay the $5 filing fee.
2.

If by February 15, 2017 petitioner fails to submit the $5 filing fee, I will

assume that petitioner wishes to withdraw this petition.

Entered this 24th day of January, 2017.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge