Eaton v. Outlaw
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
NO: 2:11CV00156 JMM/HDY
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:
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.
The Clerk is directed to change the designation of this case to a habeas petition, rather
than a civil rights action.
Based on financial information Plaintiff has provided, he is not entitled to pursue a
habeas action in forma pauperis.
Plaintiff is directed to submit, no later than 30 days after the entry of this order, the
$5.00 filing fee for a habeas petition. Plaintiff’s failure to do so will result in the dismissal of his
DATED this 26th day of October, 2011.
UNITED STATES DISTRICT JUDGE
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