Fuentes-Sanchez v. Laughlin

Filing 8

ORDER directing the petitioner to either pay the $5.00 filing fee or file a motion for in-forma pauperis within 21 days of this order. (Compliance due by 7/14/2017). Signed by Magistrate Judge Brian K. Epps on 6/23/17. (cmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION
JOSE ANTONIO FUENTES-SANCHEZ,
Petitioner,
v.
WARDEN VANCE LAUGHLIN,
Respondent.

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CV 317-036

ORDER
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On March 6, 2017, Petitioner filed a petition for habeas corpus relief pursuant to 28
U.S.C. § 2241 in the Northern District of Georgia. (Doc. no. 1.) On April 5, 2017, U.S.
Magistrate Judge Alan J. Baverman directed Petitioner to, within thirty days, either pay the
$5.00 filing fee or seek leave to proceed in forma pauperis by submitting a financial affidavit
and a certified copy of his prison account statement. (Doc. no. 2.) After Petitioner provided
a financial affidavit but did not provide a copy of his prison account statement, Judge
Baverman provided Petitioner with another twenty days to either submit the account
statement, or pay the $5.00 filing fee. (Doc. no. 4.) Petitioner did not comply, and on June
19, 2017, Judge Baverman transferred the case to this Court because Petitioner was
transferred to Wheeler Correctional Facility in Alamo, Georgia. (Doc. no. 5.)
In order to properly commence a § 2241 action in this Court, Petitioner must either
pay a $5.00 filing fee or move to proceed IFP. Loc. R. 4.1 (providing that commencement of
a civil action requires, among other things, payment of the appropriate filing fee or

submission of an IFP motion); see also 28 U.S.C. § 1914(a) (providing that the filing fee for
a habeas corpus action is $5.00). Therefore, the Court DIRECTS Petitioner, within twentyone days of the date of this Order, to either pay the $5.00 filing fee or submit an IFP
motion. 1 If Petitioner fails to comply with this Order, the Court will recommend this case be
dismissed without prejudice.
SO ORDERED this 23rd day of June, 2017, at Augusta, Georgia.

1

The Court DIRECTS the CLERK to attach a copy of the appropriate IFP paperwork
to Petitioner’s service copy of this Order.
2