Alcequiecz v. Ryan

Filing 7

Judge Denise J. Casper: ORDER entered re Objection 6 . The Court directs the plaintiff to pay the $5.00 filing fee within 35 days. The petition and motion for stay and abeyance shall be served pending resolution of the filing fee. A separate service order shall issue. (PSSA, 3)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
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SPASSKY ALCEQUIECZ,
Petitioner,
v.
KELLY RYAN,
Respondent.

Civil Action No. 14-11695-DJC

ORDER
CASPER, J.

May 28, 2014

On April 7, 2014, Spassky Alcequiecz filed a petition for a writ of habeas corpus under 28
U.S.C. § 2254. The petitioner did not submit the $5.00 filing fee or a motion for leave to proceed
in forma pauperis with the petition. On April 11, 2014, the Court ordered him to pay the filing fee
or seek leave to proceed in forma pauperis.
In response to the Court’s order, Alcequiecz filed an objection (D. 6), representing that, prior
to the filing of the action, he had asked prison officials to withdraw $5.00 from his prison account
to pay the fee. He included a copy of a prison account statement dated April 18, 2014 which
indicates that on April 3, 2014, $5.00 was withdrawn from his account with the notation “Filing FeeU.S. District Court-Clerks Department.” However, the Clerk’s office does not have a record of
receipt of the check.
The Clerk has spoken with the Treasurer’s Office and learned that, for unknown reasons, the
check was returned to the prison and voided.
Accordingly, the Court directs the plaintiff to pay the $5.00 filing fee within 35 days. The
petition and motion for stay and abeyance shall be served pending resolution of the filing fee. A
separate service order shall issue.
So ordered.
/s/ Denise J. Casper
United States District Judge

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