Dotson v. Sharp

Filing 4

ORDER re 1 MOTION for Leave to Proceed in forma pauperis filed by Antonio L Dotson. Plaintiff must provide a Certificate of Prisoner Accounts before the Court can determine whether he is eligible to proceed ifp. The Clerk is directed to send p etitioner a blank Certificate of Prisoner Accounts. Petitioner must file within 30 days the completed Certificate of Prisoner Accounts, signed by an authorized officer at the incarcerating facility. Signed by Magistrate Judge J. Thomas Ray on 1/2/14. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
ANTONIO L. DOTSON
ADC #149465
V.

PETITIONER

NO. 4:13CV00731 DPM/JTR

SHELIA SHARP, Director,
Arkansas Department of Community Correction

RESPONDENT

ORDER
Petitioner, who is currently incarcerated in the Tennessee Department of
Correction, has filed an Application to Proceed Without Prepaying Fees or Costs, Doc.
#1, a 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus, Doc. #2, and a Brief in
Support, Doc. #3. However, he has not provided a Certificate of Prisoner Accounts,
as required by 28 U.S.C. § 1915(a) and the habeas rules, which must be completed and
filed before the Court can determine whether Petitioner is eligible to proceed in forma
pauperis. See Rules Governing § 2254 Cases in United States District Courts, Rule
3(a)(2) (providing that a habeas petitioner must submit the applicable filing fee or “a
motion for leave to proceed in forma pauperis, the affidavit required by 28 U.S.C. §
1915, and a certificate from the warden or other appropriate officer of the place of
confinement showing the amount of money or securities that the petitioner has in any
1

account in the institution”).
IT IS THEREFORE ORDERED THAT:
1.

The Clerk of the Court is directed to send Petitioner a blank Certificate

of Prisoner Accounts.
2.

Petitioner must file, within thirty (30) days of the entry of this Order,

a properly completed Certificate of Prisoner Accounts, signed by an authorized officer
at the incarcerating facility.
3.

Petitioner is reminded that the failure to timely and properly comply with

any portion of this Order will result in dismissal of this habeas action, without
prejudice, pursuant to Local Rule 5.5(c)(2).1
4.

Service of the Petition is not appropriate at this time.

1

Local Rule 5.5(c)(2) of the Rules of the United States District Court for the
Eastern District of Arkansas provides: "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
added.)
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DATED THIS 2nd DAY OF January, 2014.

____________________________________
UNITED STATES MAGISTRATE JUDGE

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