Bennett v. Holt

Filing 3

ORDER: The Court has before it a pro se prisoner petition (Docket Entry No. 1 ) under 28 U.S.C. § 2241, for writ of habeas corpus. The petitioner has neglected, however, to either pay the fee required for the filing of the petition or submit a properly completed application to proceed in forma pauperis. The Clerk will provide the petitioner with a blank application to proceed in forma pauperis along with a copy of Administrative Order No. 93. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 9/3/13. (xc:Pro se party by regular and certified mail w/ IFP and AO93.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(la)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

TRACY EVELYN WATTS BENNETT
Petitioner,

]
]
]
]
]
]
]

v.
BILL HOLT
Respondent.

GENERAL DOCKET
No. 3:13-mc-0079
Judge Trauger

O R D E R
The Court has before it a pro se prisoner petition (Docket
Entry No.1) under 28 U.S.C. § 2241, for writ of habeas corpus1.
The petitioner has neglected, however, to either pay the fee
required for the filing of the petition or submit a properly
completed application to proceed in forma pauperis.
Accordingly, the petitioner is hereby GRANTED thirty (30) days
from the date of entry of this order on the docket in which to
either pay the filing fee of five dollars ($5.00) or submit an
application to proceed in forma pauperis. The Clerk will provide
the

petitioner

1

with

a

blank

application

to

proceed

in

forma

The petitioner has not specifically identified the
statutory basis for her habeas petition. However, she alleges
that she has been “deprived of the time served in the community
corrections program”. Such a claim questions the execution of her
sentence rather than its imposition. Under such circumstances, 28
U.S.C. § 2241 is the appropriate vehicle for resolving this
claim. See United States v. Jalili, 925 F.2d 889, 893 (6th Cir.
1991).

pauperis along with a copy of Administrative Order No. 93.
The petitioner is forewarned that, should she fail to comply
with these instructions within the specified period of time, the
Court will presume that she is not interested in pursuing this
matter and will dismiss the case for want of prosecution. Rule
41(b), Fed.R.Civ.P.
It is so ORDERED.

______________________________
Aleta A. Trauger
United States District Judge