Brown v. Haynes

Filing 3

ORDER directing Petitioner, if he wishes to proceed with this action, to either pay the $5 statutory filing fee or file a completed Application to Proceed Without Prepayment of Fees on or before 4/11/2013; and directing the Clerk of the Court to send to Petitioner an Application. Signed by Magistrate Judge Joe J. Volpe on 3/11/2013. (srw)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CHAD BROWN,
REG. # 33153-044
v.

PETITIONER

2:13CV00006-JLH-JJV

ANTHONY HAYNES, Warden,
Federal Correctional Institution - Forrest City Low

RESPONDENT

ORDER
Petitioner, Chad Brown, filed a Petition for Writ of Habeas Corpus, pursuant to 28 U.S.C.
§ 2254. (Doc. No. 1). Service of the Petition is not appropriate at this time because Petitioner has
neither paid the $5.00 filing fee nor filed an Application to Proceed Without Prepayment of Fees and
Affidavit. If Petitioner wishes to proceed with this action, he must on or before April 11, 2013,
either (1) pay the $5.00 statutory filing fee in full;1 or (2) file a properly completed Application to
Proceed Without Prepayment of Fees and Affidavit, along with a Prisoner Trust Fund Calculation
Sheet.2
Petitioner is hereby advised that failure to timely and properly comply with this Order could
result in the dismissal of this habeas action, without prejudice pursuant to Local Rule 5.5(c)(2).3
1

Any payment Petitioner sends to the Court must clearly indicate it is for payment of the
filing fee in Brown; 2:13-cv-00006-JLH-JJV.
2

The Prisoner Trust Fund Calculation Sheet must be prepared and signed by an authorized
officer at the incarcerating facility.
3

Local Rule 5.5(c)(2) provides that: “It is the duty of any party not represented by counsel
to promptly notify the Clerk and the other parties to the proceedings of any change in his or her
address, to monitor the progress of the case, and to prosecute or defend the action diligently. A party
appearing for himself/herself shall sign his/her pleadings and state his/her address, zip code, and
telephone number. If any communication from the Court to a pro se plaintiff is not responded to
within thirty (30) days, the case may be dismissed without prejudice. Any party proceeding pro se
shall be expected to be familiar with and follow the Federal Rules of Civil Procedure.” (Emphasis
1

The Clerk shall send to Petitioner an Application to Proceed Without Prepayment of Fees
and Affidavit along with a Prisoner Trust Fund Calculation Sheet.
IT IS SO ORDERED this 11th day of March, 2013.

____________________________________
JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE

added.)

2