Eaton v. Outlaw

Filing 10

ORDER that Plaintiff's Motion for Reconsideration 6 is GRANTED, and the Order granting his Motion for Leave to Proceed in forma pauperis 4 is hereby VACATED; the Clerk is directed to change the designation of this case to a HABEAS PETITION; pltf is not entitled to pursue a habeas action in forma pauperis; pltf is directed to submit, no later than 30 days after the entry of this Order, the $5.00 filing fee. Signed by Judge James M. Moody on 10/26/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
HELENA DIVISION
CLIFFORD EATON
REG. #12878-074
V.

PETITIONER

NO: 2:11CV00156 JMM/HDY

T.C. OUTLAW

RESPONDENT
ORDER

Plaintiff, currently incarcerated at the Federal Correctional Institution in Forrest City, filed
a pro se complaint, (docket entry #2), on September 6, 2011, and he was granted leave to proceed
in forma papuperis. Plaintiff’s complaint challenges the conditions of his confinement, does not
seek earlier release, and was docketed as a civil rights complaint pursuant to Bivens v. Six Unknown
Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). On October 13, 2011, Plaintiff filed a
motion for reconsideration of the order granting him leave to proceed in forma pauperis, in which
he asserts that he wishes to have his complaint treated as a habeas petition, which has a $5.00 filing
fee, rather than Bivens action, which has a $350.00 filing fee. Plaintiff’s motion will be granted.
IT IS THEREFORE ORDERED THAT:
1.

For good cause shown, Plaintiff’s motion (docket entry #6) is GRANTED, and the

order granting Plaintiff in forma paupris status (docket entry #4) is hereby vacated.
2.

The Clerk is directed to change the designation of this case to a habeas petition, rather

than a civil rights action.
3.

Based on financial information Plaintiff has provided, he is not entitled to pursue a

habeas action in forma pauperis.
4.

Plaintiff is directed to submit, no later than 30 days after the entry of this order, the
1

$5.00 filing fee for a habeas petition. Plaintiff’s failure to do so will result in the dismissal of his
petition.
DATED this 26th day of October, 2011.

UNITED STATES DISTRICT JUDGE

2