Waggoner v. Rivera

Filing 2

ORDER directing Mr. Waggoner to file a request to proceed in forma pauperis along with a certificate that complies with the requirements in 28 U.S.C. § 1915(a)(2), or pay the $5.00 filing fee within thirty (30) days of this order. Directing the Clerk of Court to send Mr. Waggoner an application to proceed in forma pauperis, along with a copy of this order. Signed by Magistrate Judge Beth Deere on 8/18/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
MICHAEL R. WAGGONER
Reg #44210-008
VS.

PETITIONER

CASE NO.: 2:15CV00129 BSM/BD

C.V. RIVERA, Warden,1
Federal Correctional Complex,
Forrest City, Arkansas

RESPONDENT
ORDER

Petitioner Michael R. Waggoner has filed a pro se petition for writ of habeas
corpus under 28 U.S.C. § 2241. (Docket entry #1) Mr. Waggoner has not filed a motion
to proceed in forma pauperis or paid the $5.00 filing fee to the Court. If he wishes to
pursue this case, Mr. Waggoner must file a request to proceed in forma pauperis, along
with a certificate that complies with the requirements in 28 U.S.C. § 1915(a)(2), or pay
the $5.00 filing fee within thirty (30) days of this order. Failure to comply with this order
will result in dismissal of this action under Local Rule 5.5(c)(2) and the Federal Rules of
Civil Procedure.
The Clerk of Court is directed to send Mr. Waggoner an application to proceed in
forma pauperis, along with a copy of this order.

1

In his petition, Mr. Waggoner names the United States of America as the
respondent. The proper respondent in a case brought under 28 U.S.C. section 2241 is the
person who has custody over the petitioner. 28 U.S.C. § 2241. The clerk is directed to
revise the docket to substitute C.V. Rivera for the United States of America as the
Respondent in this case.

DATED this 18th day of August, 2015.

____________________________________
UNITED STATES MAGISTRATE JUDGE

2