PETTAWAY v. CLARK et al

Filing 2

ORDER that the Clerk mark this CASE CLOSED. Petitioner may submit a motion to proceed in forma pauperis, along with a certified copy of the inmate account statement for the six (6) months preceding the filing of his Petition. If that motion is grante d, the case will be reopened. Petitioner may also reopen this case by paying the $5.00 filing fee. Petitioner is allowed fourteen (14) days from this date to appeal this order to a District Judge pursuant to Rule 72.C.2 of the Local Rules. Failure to appeal within fourteen (14) days may constitute waiver of the right to appeal. Signed by Magistrate Judge Lisa Pupo Lenihan on November 19, 2020. (kcb)

Case 2:20-cv-01666-LPL Document 2 Filed 11/19/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

WAYNE PETTAWAY,
Petitioner,
v.
MICHAEL CLARK and THE
ATTORNEY GENERAL OF THE
STATE OF PENNSYLVANIA,
Respondents.

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Civil Action No. 20 – 1666
Magistrate Judge Lisa Pupo Lenihan

ORDER
This habeas case was transferred to this Court from the United State Court of Appeals
from the Third Circuit on October 22, 2020. (ECF No. 1-1.) However, this action may not
proceed unless Petitioner either,
(1) tenders to the “Clerk, U.S. District Court” a statutory filing fee in the amount of
$5.00, or,
(2) files a properly completed application to proceed in forma pauperis, along with a
certified copy of his prison account statement for the six (6) months preceding the
filing of his Petition. An application to proceed in forma pauperis is enclosed.
Therefore,
IT IS HEREBY ORDERED this 19th day of November, 2020 that the Clerk of Court
mark this case CLOSED.

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Case 2:20-cv-01666-LPL Document 2 Filed 11/19/20 Page 2 of 2

IT IS FURTHER ORDERED that Petitioner may submit a motion to proceed in forma
pauperis, along with a certified copy of the inmate account statement for the six (6) months
preceding the filing of his Petition. If that motion is granted, the case will be reopened.
IT IS FURTHER ORDERED that the Petitioner may also reopen this case by paying
the $5.00 filing fee.
AND IT IS FURTHER ORDERED that the Petitioner is allowed fourteen (14) days
from this date to appeal this order to a District Judge pursuant to Rule 72.C.2 of the Local Rules.
Failure to appeal within fourteen (14) days may constitute waiver of the right to appeal.
/s/ Lisa Pupo Lenihan
Lisa Pupo Lenihan
United States Magistrate Judge

Cc:

Wayne Pettaway
HM-1581
SCI Albion
10745 Route 18
Albion, PA 16475-0001

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