Nelson, David v. State of Wisconsin

Filing 3

ORDER on ifp request: Trust Fund Account Statement due 5/12/2017. Signed by Magistrate Judge Peter A. Oppeneer on 4/28/2017. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DAVID DARNELL NELSON ,
Petitioner,

ORDER

v.
Case No. 17-cv-311-jdp
STATE OF WISCONSIN,
Respondent.

Petitioner David Darnell Nelson 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. # 2).

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 12, 2017, the court will
assume that petitioner wishes to withdraw this action voluntarily and will dismiss the
petition.

ORDER
IT IS ORDERED that:
1.

The motion for leave to proceed without prepayment of the filing fee (Dkt.

# 2) is DENIED at this time.

2.

No later than May 12, 2017, petitioner David Darnell Nelson shall pay the $5

filing fee or submit a certified copy of petitioner’s inmate trust fund account statement for
the six-month period from the date of the habeas petition (April 26, 2017 through at least
October 26, 2016).
3.

If petitioner fails to pay the $5 filing fee, comply as directed, or show cause for

failure to do so, the court will assume the petitioner wishes to withdraw this petition.
Entered this 28th day of April, 2017.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge