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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

DONOVAN M. BURRIS, Petitioner, -vsMICHAEL BAENEN, Warden of Green Bay Correctional Institution, Respondent. Case No. 12-C-465

DECISION AND ORDER

The Petitioner, Donovan M. Burris ("Burris"), is currently in the custody of Respondent Michael Baenen ("Baenen") at the Green Bay Correctional Institution for his May 2, 2008, conviction by the Circuit Court for Milwaukee County, Wisconsin. Burris was convicted of first-degree reckless injury and possession of a firearm by felon. Burris is serving a 23-year sentence, consisting of 18 years of incarceration to be followed by 7 years of extended supervision. Burris seeks leave to proceed in forma pauperis. This matter is also before the Court for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases in United States District Courts. To authorize a litigant to proceed in forma pauperis, the Court must make two determinations: first, whether the litigant is unable to pay the costs of commencing the

action; and second, whether the action is frivolous or malicious. 28 U.S.C.

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