Davis v. USA

Filing 3

IT IS HEREBY ORDERED that, within THIRTY (30) DAYS of the date of the entry of this Order (on or before May 22, 2017), Petitioner shall pay the $5 filing fee applicable to this action. In the alternative, Petitioner may file a motion to procee d in forma pauperis, supported by a certified copy of his prison trust fund account statement for the six-month period immediately preceding the filing of the Petition and an affidavit that includes a statement of his assets. IT IS FURTHER ORDERED that upon conclusion of this thirty-day period, should Petitioner fail to comply with this order, this case will be closed for failure to comply with an order of this Court. (Action due by 5/22/2017). Signed by Judge David R. Herndon on 4/21/2017. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JUSTIN DAVIS,
# 12415-029,
Petitioner,
vs.

Case No. 17-cv-294-DRH

UNITED STATES,
Respondent.
NOTICE OF IMPENDING DISMISSAL
HERNDON, District Judge:
Petitioner, a prisoner proceeding pro se, has filed a habeas corpus action
pursuant to 28 U.S.C. § 2241. Despite correspondence from the Clerk, Petitioner
has not yet paid the $5 filing fee for this action, nor has he filed a properly
supported motion for leave to proceed in forma pauperis. See 28 U.S.C. §§ 1914,
1915.
IT IS HEREBY ORDERED that, within THIRTY (30) DAYS of the date of
the entry of this Order (on or before May 22, 2017), Petitioner shall pay the $5
filing fee applicable to this action. In the alternative, Petitioner may file a motion
to proceed in forma pauperis, supported by a certified copy of his prison trust
fund account statement for the six-month period immediately preceding the filing
of the Petition and an affidavit that includes a statement of his assets. Petitioner
is ADVISED that in the event he has been transferred among institutions during
this six-month period, it is Petitioner’s responsibility to obtain a copy of his

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prison trust account statement from each such facility and to forward it to the
Court. Petitioner is FURTHER ADVISED that his obligation to pay the filing fee
for this action was incurred at the time the action was filed; such an obligation
will exist whether or not Petitioner is granted leave to proceed in forma pauperis.
28 U.S.C. § 1915(b)(1); see also Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir.
1998).
IT IS FURTHER ORDERED that upon conclusion of this thirty-day period,
should Petitioner fail to comply with this order, this case will be closed for failure
to comply with an order of this Court. FED. R. CIV. P. 41(b); see generally Ladien

v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466
(7th Cir. 1994).
IT IS SO ORDERED.
Signed this 21st day of April, 2017.

Digitally signed by Judge
David R. Herndon
Date: 2017.04.21 12:47:12
-05'00'
United States District Judge

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