Powell v. Shanahan

Filing 3

ORDER that Petitioner shall produce a certified copy of his trust fund account statement within twenty (20) days from service of this Order.. Signed by Chief Judge Frank D. Whitney on 9/17/2013. (Pro se litigant served by US Mail.)(blf)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:13-cv-496-FDW
KEVIN ANDREW POWELL,

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Petitioner,
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vs.
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KIERAN J. SHANAHAN,
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Respondent.
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__________________________________________)

ORDER

THIS MATTER is before the Court upon Petitioner’s Motion to Proceed in Forma Pauperis.
(Doc. No. 2). By his Application, Petitioner is seeking permission to proceed with his Petition under
28 U.S.C. § 2254 for a Writ of Habeas Corpus (Doc. No. 1) without having to pay the $5.00 filing
fee for that action. Petitioner is an inmate at Scotland Correctional Institution in Laurinburg, North
Carolina.
Petitioner did not attach his prisoner trust account statement to his Motion to Proceed in
Forma Pauperis. Pursuant to 28 U.S.C. § 1915(a)(2), a prisoner seeking to proceed in a Section 2254
action without prepayment of fees, in addition to submitting the required affidavit, “shall submit a
certified copy of the trust fund account statement (or the institutional equivalent) for the prisoner for
the 6-month period immediately preceding the filing of the complaint.” The provisions of 28 U.S.C.
§ 1915(a)(2) are mandatory. Thus, Petitioner will be required to produce a certified copy of his trust
fund account statement for the 6-month period preceding the filing of his petition before this Court
can rule on his Motion.
IT IS, THEREFORE, ORDERED that Petitioner shall produce a certified copy of his trust
fund account statement within twenty (20) days from service of this Order. If Petitioner does not

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produce a certified copy of his trust fund account statement within such time, this action may be
subject to dismissal.

Signed: September 17,
2013

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