Boswell v. Amerson

Filing 6

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 9/24/2015. (PSM)

FILED
2015 Sep-24 PM 02:45
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
SKYLAR MILES BOSWELL,

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) Case Number: 1:15-cv-01187-LSC-JHE
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Petitioner,
v.
SHERIFF LARRY AMERSON,
Respondent.

MEMORANDUM OPINION
On July 15, 2015, Petitioner Skylar Miles Boswell (“Boswell”) filed a petition for a writ
of habeas corpus.

(Doc. 1).

Along with his petition, he included a motion for leave to proceed

in forma pauperis, including a note stating that the bookkeeper had refused to complete his
account statement form.

(Doc. 2).

The magistrate judge instructed him to file, within thirty

days, a new application to proceed in forma pauperis including either a certified copy of his
prison account statements or an affidavit under oath stating who he had requested the statement
from, when he had requested it, and what their response was.

(Doc. 3).

Boswell was also

advised that his filed petition was missing pages four through nine and did not include any
claims; therefore, he was instructed to file an amended petition.

(Id.).

On August 13, 2015,

Boswell filed a new motion for leave to proceed in forma pauperis and included the certified
account statement.

(Doc. 4).

The magistrate judge denied that motion because the prison

account statement showed monthly deposits averaging just over $40.

(Doc. 5).

More than thirty days has passed since either of those orders, and Boswell has not paid
the filing fee or otherwise prosecuted this action.
DISMISSED WITHOUT PREJUDICE.

Accordingly, Boswell’s petition is due to be

A separate order will be entered.

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DONE and ORDERED on September 24, 2015.

_____________________________
L. Scott Coogler
United States District Judge
160704

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