Jackson, Gaylen v. Williams, Louis

Filing 3

ORDER denying Petitioner Gaylen Jackson's request to proceed without prepayment of the $5 filing fee. $5.00 fee due 5/31/2017. Signed by Magistrate Judge Peter A. Oppeneer on 5/9/2017. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
GAYLEN JACKSON,
Petitioner,

ORDER

v.
Case No. 17-cv-319-jdp
LOUIS WILLIAMS, II,
Respondent.

Petitioner Gaylen Jackson seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2241.
Petitioner has submitted a six-month inmate account statement, which I will construe as
petitioner’s request for leave to proceed without prepayment of the filing fee. Dkt. 2.
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 inmate account statement, I find that petitioner is able to pay the
filing fee. Accordingly, I will deny petitioner’s request 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 May 31, 2017, the petition, I will assume that petition
wishes to withdraw this petition.

ORDER
IT IS ORDERED that:
1.

Petitioner Gaylen Jackson’s request for leave to proceed without prepayment of

the filing fee is DENIED. Petitioner has until May 31, 2017 in which to pay the $5 filing fee.

2.

If by May 31, 2017 petitioner fails to submit the $5 filing fee, I will assume that

petitioner wishes to withdraw this petition.

Entered this 9th day of May, 2017.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge