Opinion
13-cv-307-bbc
05-07-2013
DERRICK LAMONT MOORE, Petitioner, v. ROBERT WEIRE, ALAN SCHRANK and MINERAL POINT POLICE DEPARTMENT, Respondents.
ORDER
Petitioner Derrick Moore, a prisoner at the Stanley Correctional Institution in Stanley, Wisconsin, has filed a document titled "Writ of Habeas Corpus," which I construe to be a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. I also construe the petition to include a request for leave to proceed in forma pauperis. However, I cannot determine whether petitioner is indigent for the purpose of filing a § 2254 petition until he submits a trust fund account statement for the six-month period immediately preceding the filing of his habeas corpus petition. See Longbehn v. U.S., 169 F.3d 1082 (7th Cir. 1999).
Once petitioner submits his trust fund account statement, this court will calculate petitioner's average monthly deposits and his average monthly balances for the six-month period mentioned above. If 20% of the greater of these two figures is $5 or more, he will not be eligible for indigent status and will have to prepay all of the $5 filing fee. If 20% of the greater of these two figures is less than $5, he will be required to prepay whatever portion less than $5 has been calculated.
Now that petitioner is aware of the formula this court uses in determining whether a prisoner is indigent for the purpose of paying a $5 filing fee, he may be able to figure easily whether he qualifies. If he knows that he will not qualify for indigent status, he may elect to submit a check or money order made payable to the clerk of court in the amount of $5 in lieu of the six-month statement requested above. In any event, petitioner should act quickly. If, by May 28, 2013 petitioner does not submit either the $5 payment or a trust fund account statement for the last six months, his request for leave to proceed in forma pauperis will be denied and this action will be closed.
BY THE COURT:
PETER OPPENEER
Magistrate Judge