Opinion
08-cv-336-bbc.
June 10, 2008
ORDER
Petitioner Gregory Gordon, an inmate at the Bayfield County Jail in Bayfield, Wisconsin, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner seeks leave to proceed in forma pauperis. Having considered petitioner's affidavit of indigency, I find that he is unable to prepay the fees of commencing this action or to post security therefor, pursuant to 28 U.S.C. § 1915(a)(1). Accordingly, petitioner's request for leave to proceed in forma pauperis is granted.
I also note that petitioner named the Attorney General for the State of Wisconsin and the County of Bayfield as respondents to the petition. In a habeas action filed by a state prisoner, the proper respondent is the state officer having custody of the prisoner and the attorney general for the state where the judgment was entered. Rule 2 of the Rules Governing Section 2254 Cases. Those people are J.B. Van Hollen, Attorney General for the State of Wisconsin and Bayfield County Sheriff Robert K. Follis. I have revised the caption to show the correct respondents and direct the clerk of court to do the same.