Opinion
22-cv-158-jdp
04-21-2022
JAMES LUEDTKE, Petitioner, v. R.D. KEYES, [1] Respondent.
ORDER
PETER OPPENEER, MAGISTRATE JUDGE
On March 23, 2022, the court entered an order giving petitioner James Luedtke until April 13, 2022, to submit either the $5 filing fee or a motion for leave to proceed without prepayment of the filing fee supported by a certified copy of petitioner's prison account statement (or institutional equivalent) for the six-month period immediately preceding the filing of the petition in support of a request to proceed without prepayment of the filing fee.
Now petitioner has filed a motion for order, in which he requests the court unfreeze his account to pay the $5 filing fee because he states that his account is frozen. Petitioner does not submit any evidence to show that he has attempted to obtain the $5 filing fee. Accordingly, I will give plaintiff a deadline to provide the $5 filing fee, or if petitioner cannot afford to pay the $5 filing fee, submit a motion for leave to proceed without prepayment of the filing fee with a recent six-month account statement.
ORDER
IT IS ORDERED that:
1. Petitioner James Luedtke's motion for order, is DENIED without prejudice.
2. Petitioner may have until May 16, 2022, to pay the $5 filing fee, or submit a properly supported motion for leave to proceed without prepayment of the filing fee or show cause for failure to do so.