Bullard v. Lewis et al

Filing 14

ORDER rescinding 3 Order Directing Monthly Prisoner Payment re $350 filing fee. Signed by the Clerk of Court on 10/23/12 (Pro se litigant served by US Mail.) (ejb) Modified text on 10/23/2012 to show signer of Order (ejb). NEF Regenerated.

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:12-cv-169-RJC
GREGORY LAMONT BULLARD EL,
Plaintiff,
v.
ORDER
ROBERT LEWIS,
SUSAN WHITE,
Defendants.

THIS MATTER is before the Clerk to clarify the appropriate filing fee required by Plaintiff
Bullard.
Plaintiff filed a complaint with this court as a prisoner civil rights complaint under 42 U.S.C.
§1983. This filing triggered the Clerk’s Order Waiving Initial Partial Filing Fee and Directing the
Correctional Facility to Transmit Partial Payments standard Order. Per this Order, the correctional
facility at which Plaintiff is incarcerated was to withhold a percentage of Plaintiff’s trust fund
account until the filing fee for a §1983 case of $350.00 was paid in full.
Plaintiff was then served with an Order of this court advising that the case was going to be
re-characterized as a petition for habeas corpus under 28 U.S.C. § 2254. On September 9, 2012, this
Court entered an Order to that effect, reclassifying this matter as a 2254 habeas petition.
The filing fee for a matter under 28 U.S.C. §2254 is $5.00, not $350.00. THEREFORE, the
Clerk’s Order of August 8, 2012, the Order Waiving Initial Partial Filing Fee and Directing the
Correctional Facility to Transmit Partial Payments is HEREBY RESCINDED; a fee of $350.00 is
no longer due for this matter. I further Order from this Court shall establish the appropriate filing
fee for the §2254 matter.
Signed: October 23, 2012