Opinion
Case No. 02-CV-01034
10-11-2011
WILLIAM B. BOWERS, Petitioner, v. DANIEL BERTRAND, Warden, Oshkosh Correctional Institution, Respondent.
DECISION AND ORDER
On December 31, 2003, I granted petitioner William Bowers' motion to stay the proceedings on his petition for a writ of habeas corpus in order to allow him to proceed in state court. On September 14, 2011, petitioner filed two new motions in this case: a motion to appoint counsel, and a motion to proceed in forma pauperis. However, there has not been a motion brought to lift the stay. Since the case has not been re-opened and it is not clear to me what the issues are following the state court proceedings, I am denying the motion to appoint counsel as premature. I am also denying the motion to proceed in forma pauperis because it is moot. Petitioner paid the $5.00 statutory filing fee owed under 28 U.S.C. § 1914(a) when he originally filed this petition in 2002. Therefore, petitioner does not owe any money at this time.
THEREFORE, IT IS ORDERED that petitioner's motion to appoint counsel is DENIED without prejudice.
IT IS FURTHER ORDERED that petitioner's motion to proceed in forma pauperis is DENIED AS MOOT.
Dated at Milwaukee, Wisconsin this 11th day of October 2011.
LYNN ADELMAN
District Judge