BAILEY v. COMMONWEALTH OF PA

Filing 4

ORDER re 3 Response filed by MICHAEL A. BAILEY, although Petitioner asserts that he paid the $5.00 filing fee, the Court did not receive any filing fee. Accordingly, Petitioner is ordered to either pay the filing fee or file a Motion for Leave to Proceed IFP or the case will remain closed. Signed by Magistrate Judge Maureen P. Kelly on 11/12/2014. A copy of the order is being sent to Petitioner at his address of record via first class mail. (tmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
MICHAEL A. BAILEY,
Petitioner,
vs.
COMMONWEALTH OF PA,
Respondent.

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Civil Action No. 14-1362
Chief Magistrate Judge Maureen P. Kelly
Re: ECF No. 3

ORDER
Michael Bailey (“Petitioner”) has apparently sought to file a habeas petition pursuant to
28 U.S.C. § 2254 in order to challenge his conviction and sentence imposed by the Court of
Common Pleas of Erie County. Because Petitioner did not pay the filing fee of $5.00 and
because he did not file a Motion for Leave to Proceed In Forma Pauperis (“IFP Motion”), the
Court entered an order on October 15, 2014, ECF No. 2, directing that Petitioner either pay the
filing fee or file an IFP Motion in order to proceed with this “civil action.”
Petitioner filed a response to the Order, ECF No. 3, indicating that Petitioner was
confused because, although he had submitted a “Federal Habeas Corpus” petition, he failed to
understand the Court’s reference to the “civil action” that he “personally never filed to any
extent.” Id.
The Court’s use in the Order of the phrase “civil action” simply was another way of
referring to Petitioner’s habeas corpus petition. Accordingly, Petitioner did file a “civil action”
in the form of his habeas petition.
Petitioner also asserts that he did pay the filing fee. ECF No. 3. However, the Court did
not receive a $5.00 payment. Hence, the habeas petition cannot be formally docketed and the
case cannot be reopened until and unless Petitioner either pays the filing fee or files a Motion for

Leave to Proceed IFP. Petitioner is ORDERED to either pay the filing fee or file a Motion for
Leave to Proceed IFP or the case will remain closed.
BY THE COURT:

/s/ Maureen P. Kelly
MAUREEN P. KELLY
CHIEF UNITED STATES MAGISTRATE JUDGE
Date: November 12, 2014
cc:

Michael A. Bailey
LC-4375
SCI Albion
10745 Route 18
Albion, PA 16475