Willingham v. 7th Circuit Court of Pennington County et al

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
WESTERN DIVISION
DONALD WILLINGHAM,
Petitioner,
vs.
7TH CIRCUIT COURT OF
PENNINGTON COUNTY,
Respondent.
5:21-CV-5001-KES
ORDER DENYING MOTION TO
PROCEED IN FORMA PAUPERIS
(DOC. 3)
Pending is Petitioner Donald Willingham’s Motion to Proceed in Forma
Pauperis. 	(Doc. 3). 	Pursuant to the local rule for the District of South Dakota,
If a habeas corpus petitioner desires to prosecute a petition in forma
pauperis, the petitioner must file an application to proceed in forma
pauperis on a form prescribed by the court (Motion to Proceed
Without Prepayment of Fees and Declaration), accompanied by a
certification 	of 	the 	warden 	or 	other 	appropriate 	officer 	of 	the
institution in which the petitioner is confined as to the amount of
money or securities on deposit for the petitioner. 	If the petitioner
has in excess of $25 on deposit, the petitioner must pay the filing
fee to proceed with a 28 U.S.C. § 2241 or a 28 U.S.C. § 2254 case.
D.S.D. Civ. LR 83.8(B). 	Petitioner filed his Motion to Proceed in Forma
Pauperis (Doc. 3) accompanied with a Prisoner Trust Account Report (Doc. 4)
which has been signed by an authorized officer. 	Petitioner has a current
balance of $135.40 in his prisoner trust account. 	Because Petitioner has in
excess of $25 on deposit, as provided by D.S.D. Civ. LR 83.8(B), Petitioner’s §
2254 habeas case cannot proceed until he pays the filing fee. 	It is hereby
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ORDERED that the Motion to Proceed in Forma Pauperis (Doc. 3) is
denied without prejudice; and
ORDERED that Petitioner pay the required filing fee or his § 2254 habeas
case will not proceed.
DATED this 1st day of February, 2021.
BY THE COURT:
DANETA WOLLMANN
United States Magistrate Judge
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