Lewis, James et al v. Boughton, Gary

Filing 6

ORDER on ifp request: Petitioner James A. Lewis's motion for leave to proceed without prepayment of the filing fee is DENIED. $5 fee due by 3/2/2018. Signed by Magistrate Judge Peter A. Oppeneer on 2/8/2018. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JAMES A. LEWIS,
Petitioner,

ORDER

v.
Case No. 18-cv-83-jdp
GARY BOUGHTON,
Respondent.

Petitioner James A. Lewis 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 March 2, 2018, the petition, I will assume
that petition wishes to withdraw this petition.

ORDER
IT IS ORDERED that:
1.

Petitioner James A. Lewis’s motion for leave to proceed without prepayment of

the filing fee is DENIED. Petitioner has until March 2, 2018 in which to pay the $5 filing fee.

2.

If by March 2, 2018 petitioner fails to submit the $5 filing fee, I will assume

that petitioner wishes to withdraw this petition.

Entered this 8th day of February, 2018.
BY THE COURT:

PETER OPPENEER
Magistrate Judge