Turner v. Steward

Filing 21

ORDER: The petitioner MUST, within 30 DAYS, cure this deficiency by submitting to this Court either the $505 fee or a completed and properly supported application to proceed in forma pauperis. Signed by District Judge Todd J. Campbell on 9/18/14. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

RAY TURNER, #224856,
Petitioner,
v.
HENRY STEWARD, Warden,
Respondent.

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Case No. 3:14-cv-01311
Judge Campbell

ORDER
This Court entered a memorandum opinion and order denying petitioner Ray Turner’s § 2254 petition
on September 3, 2014 (ECF Nos. 14 and 15). In the order dismissing the petition, the Court expressly
declined to issue a certificate of appealability. The petitioner has now filed a timely Notice of Appeal (ECF
No. 20). Pursuant to Rule 22(b)(2) of the Federal Rules of Appellate Procedure, the petitioner’s Notice of
Appeal also constitutes a request to the judges of the court of appeals for a certificate of appealability.
However, the petitioner has not submitted either the $505 appellate filing fee or a motion or
application to proceed on appeal in forma pauperis. The petitioner MUST, within 30 DAYS, cure this
deficiency by submitting to this Court either the $505 fee or a completed and properly supported application
to proceed in forma pauperis. In accordance with Rule 24(a)(1) of the Federal Rules of Appellate Procedure,
the petitioner must attach to his application or motion an affidavit in which he claims an entitlement to redress
and states the issues that he intends to present on appeal. The petitioner is forewarned that failure to submit
the requisite filing fee or application to proceed on appeal in forma pauperis within the 30 days allotted may
result in summary dismissal of the appeal.
It is so ORDERED.

Todd Campbell
United States District Judge