Stevens v. Perry

Filing 3

ORDER that the Clerk of Court shall substitute Frank L. Perry for "The Attorney General of the State of North Carolina" as Respondent in this action. Respondent shall provide the Court a certified copy of the prison trust account statement for inmate Russell Wayne Stevens, Jr. #0518931 as instructed within. Respondent shall file requested document with the Clerk of Court within 21 Days of entrance of this Order. Signed by Chief Judge Frank D. Whitney on 11/28/2016. (Pro se litigant served by US Mail.)(kby)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:16cv378-FDW
RUSSELL WAYNE STEVENS, JR.,

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Petitioner,
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vs.
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FRANK L. PERRY1,
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Respondents.
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____________________________________)

ORDER

The Court has received Petitioner Russell Wayne Stevens, Jr.’s pro se Petition for Writ of
Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. No. 1) and application to proceed in forma
pauperis (Doc. No. 2).
Federal law requires that a petitioner seeking habeas review of his state conviction and/or
sentence in federal district court pay a filing fee in the amount of $5.00 or be granted leave to
proceed without prepayment of fees and costs. Rule 3(2) of the Rules Governing Section 2254
Cases in the United States District Courts requires a prisoner’s habeas petition be accompanied
by “a motion for leave to proceed in forma pauperis, the affidavit required by 28 U.S.C. § 1915,
and 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.”
Petitioner has filed the required motion and affidavit. (Doc. No. 2.) Respondent shall be

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Rule 2(a) of the Rules Governing Section 2254 Cases in the United States District Courts requires that a Petition
for Writ of Habeas Corpus name the person who has immediate custody of the petitioner as the respondent in the
action. Id., 28 U.S.C. folio § 2254. Consistent with Rule 2(a), Frank L. Perry, Secretary of the Department of
Public Safety, is substituted for “The Attorney General of the State of North Carolina” as Respondent in this action.

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directed to file the required account statement.
IT IS, THEREFORE, ORDERED that:
1. The Clerk of Court shall substitute Frank L. Perry for “The Attorney General of
the State of North Carolina” as Respondent in this action;
2. Respondent shall provide the Court a certified copy of the prison trust account
statement for inmate Russell Wayne Stevens, Jr., # 0518931, covering the six (6)
month period immediately preceding the filing of the above-captioned action; and
3. Respondent shall file the above requested document with the Clerk of Court
within twenty-one (21) days of entrance of this Order.
Signed: November 28, 2016
2016

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