Smith v Demoura

Filing 3

Judge Nathaniel M. Gorton: ORDER entered. If petitioner wishes to proceed with this action, within 21 days of the date of this Procedural Order, he either must (1) pay the $5.00 filing fee; or (2) file a motion for leave to proceed in forma pau peris accompanied by a certified prison account statement. Failure of petitioner to comply with this directive may result in the dismissal of this action without prejudice. (Copy of Order and Application to Proceed in District Court Without Prepaying Fees or Costs sent to petitioner by first-class mail on 7/27/2017.)(PSSA, 3)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
TREMAINE SMITH,
Petitioner,
v.
DOUGLAS DEMOURA,
Respondent.

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C.A. No. 17-10593-NMG

PROCEDURAL ORDER
Petitioner, who is confined at MCI Concord, has submitted for filing a petition for writ of
habeas corpus.
A party filing a habeas action in this Court must either (1) pay the $5.00 filing fee for
habeas corpus actions; or (2) seek leave to proceed without prepayment of the filing fee. See 28
U.S.C. § 1914(a) (fees); 28 U.S.C. § 1915 (proceedings in forma pauperis). The motion for
leave to proceed without prepayment of the filing fee must be accompanied by “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 account in the institution.” Rule 3(a)(2) of the
Rules Governing Section 2254 Cases.1
Because petitioner has not submitted a filing fee or moved for leave to proceed in forma
pauperis, he shall be granted additional time to do so.
Accordingly, if petitioner wishes to proceed with this action, within 21 days of the date
of this Procedural Order, he either must (1) pay the $5.00 filing fee; or (2) file a motion for leave
to proceed in forma pauperis accompanied by a certified prison account statement. Failure of
petitioner to comply with this directive may result in the dismissal of this action without
prejudice.
For the convenience of litigants, this Court provides a form application to seek leave to
proceed in forma pauperis. The Clerk shall provide petitioner with an Application to Proceed in
District Court Without Prepaying Fees or Costs.
SO ORDERED.
7/27/2017
DATE

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/s/ Nathaniel M. Gorton
UNITED STATES DISTRICT JUDGE

The rules governing petitions brought pursuant to 28 U.S.C. § 2254 cases may be
applied at the discretion of the district court to other habeas petitions. See Rule 1(b) of the Rules
Governing Section 2254 Cases.