Dean v. Booker

Filing 6

MEMORANDUM AND ORDER, The Clerk is DIRECTED to send Petitioner an application to proceed in forma pauperis. Petitioner is hereby NOTIFIED that if he fails to fully comply with this order within the time required, the Court shall pre sume that Petitioner is not a pauper, shall assess the full amount of fees, and shall order the case dismissed for want of prosecution and/or failure to comply with Court orders. Signed by District Judge Harry S Mattice, Jr on 4/17/17. This Order and In Forma Pauperis form serviced via US Mail to David Allen Dean.(KFB, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT GREENEVILLE DAVID ALLEN DEAN, Petitioner, v. BERNARD BOOKER, Respondent. ) ) ) ) ) ) ) ) ) No.: 2:16-CV-338-TAV-HBG MEMORANDUM AND ORDER This is a petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254. Under the Prison Litigation Reform Act of 1995, a prisoner who files a complaint in a district court must tender the full filing fee or he must file (1) an application to proceed in forma pauperis without prepayment of fees and (2) a certified copy of his inmate trust account for the previous six-month period. 28 U.S.C. § 1915(a)(2). Petitioner has not paid the required $5.00 filing fee, nor has be submitted the proper documents to proceed in forma pauperis. Specifically, Petitioner has not filed a certified copy of his inmate trust account for the previous six-month period. Petitioner shall have thirty (30) days from the date of entry of this order to pay the full filing fee or to submit the necessary documents. The Clerk is DIRECTED to send Petitioner an application to proceed in forma pauperis. Petitioner is hereby NOTIFIED that if he fails to fully comply with this order within the time required, the Court shall presume that Petitioner is not a pauper, shall assess the full amount of fees, and shall order the case dismissed for want of prosecution and/or failure to comply with Court orders. SO ORDERED. ENTER: /s/ Harry S. Mattice, Jr._______ HARRY S. MATTICE, JR. UNITED STATES DISTRICT JUDGE 2

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