Saunders v. Booker

Filing 3

ORDER directing petitioner to file a completed application for leave to proceed in forma pauperis on or before April 25, 2006 (attached) or pay the $5.00 filing fee. The clerk is directed to mail this order and the attached in forma pauperis application to the petitioner at his last known address. Signed by Judge John M. Roper on 4/3/06. (vm, )

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Saunders v. Booker Doc. 3 Case 2:06-cv-00087-KS-JMR Document 3 Filed 04/03/2006 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI HATTIESBURG DIVISION HERMAN SAUNDERS, #73747 VERSUS WALTER BOOKER AND JIM HOOD ORDER PETITIONER CIVIL ACTION NO. 2:06cv087KS-JMR RESPONDENTS Upon consideration of the petition filed pursuant to 28 U.S.C. 2254 by the petitioner in the above entitled action, the court notes that the petitioner failed to file a completed application to proceed in forma pauperis or submit the $5. 00 filing fee. Accordingly, it is hereby ORDERED: 1. That on or before April 25, 2006, petitioner shall file a completed application for leave to proceed in forma pauperis (attached) OR pay the $5.00 filing fee. 2. That petitioner be informed that his failure to timely comply with the requirements of this order may lead to the dismissal of his petition. 3. The Clerk shall mail the attached in forma pauperis application to the petitioner at his last known address. THIS, the 3rd day of April, 2006. s/ John M. Roper CHIEF MAGISTRATE JUDGE Dockets.Justia.com Case 2:06-cv-00087-KS-JMR Document 3 Filed 04/03/2006 Page 2 of 3 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI ____________________ DIVISION Petitioner v. CIVIL ACTION NO. __________________ Respondent MOTION TO PROCEED IN FORMA PAUPERIS I, ______________________________________, declare that I am the petitioner in the above-entitled proceeding; that in support of my request to proceed without prepayment of fees or costs under 28 U.S.C. 1915 I declare that I am unable to pay the costs of said proceedings or give security therefor; that I believe I am entitled to the relief. Signed: _________________________________ Date: ___________________________ AFFIDAVIT IN SUPPORT OF MOTION In support of this motion, I answer the following questions under penalty of perjury: 1. Are you currently incarcerated? ____ Yes ___ No If "yes" state the place of your incarceration ____________________________________ Are you presently employed (at the institution or otherwise)? ____ Yes ___ No a. If the answer is "yes," state the amount of your salary or wages per month, and give the name and address of your employer. ________________________________________ ______________________________________________________________________ b. If the answer is "no," state the date of the last employment and the amount of the salary and wages per month which you received.____________________________________ ______________________________________________________________________ 2. 3. Have you received within the past twelve months any money from any of the following sources? a. Business, profession or form of self-employment? ____ Yes ____ No 2 USDC SDM S 04/01 p r o s e \ f o rm s \ o r d e r s \i f p \ m o t io n t o p r o c e e d i f p h a b e a s Case 2:06-cv-00087-KS-JMR Document 3 Filed 04/03/2006 Page 3 of 3 b. Rent payments, interest or dividends? ____ Yes ____ No c. Pensions, annuities or life insurance payments? ____ Yes ____ No d. Gifts or inheritances? ____ Yes ____ No e. Any other sources? ____ Yes ____ No If the answer to any of the above is "yes," describe each source of money and state the amount received from each during the past twelve months. _________________________ ________________________________________________________________________ ________________________________________________________________________. 4. Do you own cash, or do you have money in a checking or savings account? ____ Yes ____ No (Include any funds in prison accounts.) If the answer is "yes," state the total value of the items owned.______________________ ________________________________________________________________________ ________________________________________________________________________ Do you own any real estate, stocks, bonds, notes, automobiles, or other valuable property (excluding ordinary household furnishings and clothing)? ____ Yes ____ No If the answer is "yes," describe the property and state its approximate value. ___________ ________________________________________________________________________ ________________________________________________________________________ List the persons who are dependent upon you for support, state your relationship to those persons, and indicate how much you contribute toward their support. ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 5. 6. I declare (or certify, verify or state) under penalty of perjury that the foregoing is true and correct. Executed on _____________________ Date ______________________________ Signature of Petitioner Certificate I hereby certify that the petitioner herein has the sum of $__________ on account to his credit at the ________________________ institution where he is confined. I further certify that petitioner likewise has the following securities to his credit according to the records of said _____________________________ institution:_______________________________________. _______________________ Date ______________________________ Authorized Officer of Institution 3 USDC SDM S 04/01 p r o s e \ f o rm s \ o r d e r s \i f p \ m o t io n t o p r o c e e d i f p h a b e a s

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