Pedroza v. Goguen

Filing 4

Magistrate Judge David H. Hennessy: ORDER entered. If petitioner wishes to proceed with this action, within 21 days of the date of this Procedural Order (by August 30, 2017), 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.(PSSA, 3)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
HECTOR SAMUEL PEDROZA,
Petitioner,
v.
COULETTE GOGUEN,
Respondent.

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C.A. No. 17-40116-DHH

PROCEDURAL ORDER
Petitioner, a prisoner confined at the North Central Correctional Institution at Gardner,
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.
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 (by August 30, 2017), 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.
8/9/2017
DATE

/s/ David H. Hennessy
UNITED STATES MAGISTRATE JUDGE