WHITAKER v. COUNTRYMAN
Filing
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ORDER denying 5 Motion to Stay. ORDER granting Petitioner an extension of fourteen (14) days to either pay the filing fee or submit a proper motion to proceed IFP which includes a Prisoner Account Statement (Certified Copy). The Clerk is directed to forward to Petitioner the appropriate forms. Ordered by US MAGISTRATE JUDGE AMELIA G HELMICK on 1/27/2025. (mlb)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
ISHMAEL K. WHITAKER,
Petitioner,
v.
Sheriff GREG COUNTRYMAN,
Respondent.
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Case No. 4:24-cv-165-CDL-AGH
ORDER
Petitioner Ishmael K. Whitaker, who was being held in the Muscogee County
Jail in Columbus, Georgia, filed a petition for writ of habeas corpus under
28 U.S.C. § 2254 (ECF No. 1) but did not pay the $5.00 filing fee or move to proceed
in forma pauperis (“IFP”). As a result, Petitioner was ordered to either pay the $5.00
filing fee or move to proceed IFP within fourteen days, and he was cautioned that
failure to do so could result in dismissal of this action (ECF No. 3).
More than fourteen days have passed, and Petitioner has not paid the filing
fee or moved to proceed IFP. Instead, Petitioner filed a notice of change of address,
indicating that he has been moved to the Appling Correctional Institution in Baxley,
Georgia, that the facility will not provide him with any of his legal materials, and
that it does not have a law library or copy machine (ECF Nos. 4, 5). Petitioner also
moves the Court to “put everything on hold” in his pending cases. Mot. to Stay Case,
ECF No. 5.
To the extent that Petitioner is seeking an indefinite stay in this case, he has
not set forth grounds to warrant such a stay, stating only that he does not have any
of his legal materials to continue this case. Id. But at this point, Petitioner is only
required to either pay the filing fee or move to proceed IFP. Thus, at this stage, no
legal materials are required for Petitioner to move this case forward. Petitioner’s
motion to stay (ECF No. 5) is DENIED.
Nevertheless, the Court also construes Petitioner’s motion as a motion for an
extension of time to pay the filing fee or move to proceed IFP, and that extension is
GRANTED. Petitioner shall have FOURTEEN (14) DAYS from the date of this
Order to either pay the $5.00 filing fee or file a proper and complete motion to proceed
in forma pauperis.
The Clerk will provide Petitioner with the forms for a motion to proceed IFP.
If he is seeking leave to proceed without the prepayment of the filing fee, Petitioner
must completely fill out his portion of this documentation. Petitioner is also required
to have a jail official complete the certified account statement portion of the form
which must include a copy of his account transactions for the six months before he
filed his petition.
If Petitioner wishes to proceed IFP, he must submit that
documentation to the Court.
Because Petitioner asserts that he has had difficulty obtaining certain items
from the jail, Petitioner is directed to show this Order to the proper official when he
requests documentation for a motion to proceed in forma pauperis. If Petitioner is
unable to get this documentation, or if Petitioner attempts to pay the filing fee and is
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unable to do so due to the refusal of facility officials, he must provide the Court with
written notice regarding any attempts he has made to comply with this order. Such
notice must include the name of any person he spoke to, the date or dates when he
spoke to them, what requests he made, and what response he received. If Petitioner
receives written notice in response to his request, he must submit a copy of such
notice to this Court. Petitioner’s failure to fully and timely comply with this order
will likely result in the dismissal of this case.
The Clerk of Court is DIRECTED to forward Petitioner a blank motion to
proceed in forma pauperis with the appropriate account certification form along with
a service copy of this order (with the civil action number showing on all). There shall
be no service in this case pending further order of the Court.
SO ORDERED, this 27th day of January, 2025.
s/ Amelia G. Helmick
UNITED STATES MAGISTRATE JUDGE
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