Francilme v. Donelan

Filing 5

Magistrate Judge Katherine A. Robertson: ORDER entered. MEMORANDUM AND ORDER. See attached M&O for complete details. (Calderon, Melissa)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
GREBERT FRANCILME,
Petitioner,
v.
CHRISTOPHER J. DONELAN,
Defendant.

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Civil Action No. 15-cv-30033-KAR

MEMORANDUM AND ORDER
ROBERTSON, U.S.M.J.
On February 26, 2015, petitioner Grebert Francilme, an immigration detainee currently
held at the Franklin County Jail and House of Correction in Greenfield, Massachusetts, filed a
Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (Docket No. 1), as well as a
Motion for Leave to Proceed In Forma Pauperis (Docket No. 2), which is pending before this
court. For the reasons set forth below, the court (1) denies without prejudice petitioner’s Motion
for Leave to Proceed In Forma Pauperis, and (2) orders the respondent to file an answer or other
responsive pleading.
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 Fee
Schedule for the District of Massachusetts ($5.00 fee to file writ of habeas corpus); 28 U.S.C. §
1914(a) (fees); 28 U.S.C. § 1915 (proceeding in forma pauperis). A motion for leave to proceed
in forma pauperis, or to proceed without prepayment of fees, must be accompanied by “a
certificate from the warden or other appropriate officer of the place of confinement showing the

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amount of money or securities that the petitioner has in any account in the institution.” Rule 3(a)
of the Rules Governing Section 2254 Cases.1
Here, although petitioner has completed and submitted both pages of the application to
proceed without prepayment of fees, he has failed to submit a certified prison account statement
in support of his motion. Thus, petitioner’s motion to proceed in forma pauperis will be denied
without prejudice to his submitting his prison accounts statement.
ORDER
Accordingly, it is hereby ordered that:
1. The Motion to Proceed In Forma Pauperis (Docket No. 2) is DENIED without
prejudice. If petitioner wishes to proceed with this action, within 21 days of the date
of this Order, he either must (1) pay the $5.00 filing fee; or (2) file a certified prison
account statement with the court. Failure of petitioner to comply with this directive
may result in the dismissal of this action without prejudice. The clerk shall send a
copy of this Order to the Treasurer’s Office as the prison facility where petitioner is
detained, in order to facilitate any request by petition for his certified prison account
statement;
2. The Clerk of this Court shall serve a copy of the Petition upon (i) respondent; (ii) the
office of the United States Attorney General, and (iii) the United States Attorney;
3. The respondent shall, within 21 days of receipt of this Order, file an answer or other
responsive pleading; and
4. The respondent shall provide the court with at least 48 hours (i.e., 2 business days)
advance notice of any scheduled removal of petitioner, and any schedule transfer of

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The Rules Governing Section 2254 and 2255 Cases may be applied at the discretion of the district court to other
habeas petitions. See Rule 1(b) of the Rules Governing Habeas Corpus Cases Under Section 2254.

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the petitioner out of the jurisdiction.
It is so ordered.
DATED: March 6, 2015

/s/ Katherine A. Robertson_____
KATHERINE A. ROBERTSON
United States Magistrate Judge

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