Wentzel v. Pliler

Background

Philip Hugh Wentzel, representing himself, filed a petition for a writ of habeas corpus. The petition was submitted without the required $5 filing fee or a signed application asking to proceed without prepaying court fees. The opinion notes that Wentzel indicated in a cover letter that he had requested payment of the fee, but the court had not received it.

Order

The court directed Wentzel, within 30 days of the order, either to pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. If the court grants the application, Wentzel may proceed without prepayment. The application must identify docket number 21-CV-9245 (LTS).

The court directed the Clerk of Court to mail the order to Wentzel and record service on the docket. No answer from the respondent was required at that time. The case would be processed under the Clerk’s Office procedures if Wentzel complied; if he failed to comply within the allowed time, the action would be dismissed.

Appeal and disposition

The court certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. Chief Judge Laura Taylor Swain signed the order. The opinion does not state that the action was dismissed at that time.