BENTON v. WASHINGTON

No. 96-8070.

106 F.3d 162 (1996)

Leantry BENTON, Petitioner, v. Odie WASHINGTON, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided December 10, 1996.


Attorney(s) appearing for the Case

Thomas Peters, (submitted), Murphy, Peters & Davis, Chicago, IL, for petitioner.

Michael M. Glick, Office of the Attorney General, Chicago, IL, for respondent.

Before COFFEY, FLAUM, and EASTERBROOK, Circuit Judges.


EASTERBROOK, Circuit Judge.

Four years ago, Leantry Benton took the first step toward a federal collateral attack on his state confinement. Benton tendered a petition for a writ of habeas corpus under 28 U.S.C. § 2254 but did not pay the $5 filing fee. The district court concluded that Benton, who then had more than $50 in his prison trust account and $250 per month in income, must pay the paltry fee. Apparently Benton had little hope of prevailing, for he declined...

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