Larry, Orlando v. Hayes, Brian

Filing 2

ORDER directing Petitioner to submit either the $5 filing fee or a six-month trust fund account statement by 3/29/2017. Signed by Magistrate Judge Peter A. Oppeneer on 3/8/2017. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
ORLANDO LARRY ,
Petitioner,

ORDER

v.
Case No. 17-cv-163-wmc
BRIAN HAYES,
Respondent.

Petitioner Orlando Larry filed a “Petition for Review,” in which he asks this court to
review the Wisconsin Supreme Court decision related to his petition for writ of certiorari. It
appears that his state court petition challenged his probation revocation. See Larry v. State of
Wisconsin, Case No. 2015AP2453 (Wis. Feb. 13, 2017) available at https://wcca.wicourts.gov
(last visited March 7, 2017). Therefore, I am construing it as a petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254.
However, 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 March 29, 2017. 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
August 31, 2016 through the date of the petition, February 28, 2017.

ORDER
IT IS ORDERED that:
1.

Petitioner Orlando Larry may have until March 29, 2017, 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 March 29, 2017, I will assume that petitioner wishes to
withdraw this petition.
Entered this 8th day of March, 2017.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge