Birdwell v. Freeman

Filing 3

ORDER: The Clerk is DIRECTED to send to the petitioner a blank short-form Application to Proceed in District Court without Prepaying Fees or Costs. Within 30 days from the date of entry of this order on the docket, the petitioner MUST submit to the Court either the $5.00 filing fee or the completed application. The plaintiff's submission (whether she pays the fee or submits the application) must show the temporary docket number assigned to this matter (3:14-mc-0918). Signed by District Judge Todd J. Campbell on 7/23/14. (xc:Pro se party w/ IFP form 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

BRANDY LEA BIRDWELL
Petitioner,
v.
VICKI FREEMAN, Warden,
Respondent.

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Case No. 3:14-mc-0918
Judge Campbell

ORDER
Brandy Lea Birdwell, a state prisoner incarcerated at the Tennessee Prison for Women in Nashville,
Tennessee, has filed a petition for the writ of habeas corpus under 28 U.S.C. § 2254. The petition, however,
was not accompanied either by the required $5.00 filing fee or by an Application to Proceed in District Court
without Prepaying Fees or Costs. This Court cannot review or consider a § 2254 habeas petition unless the
petitioner has either submitted the filing fee or been granted leave to proceed without prepayment of fees and
costs.
The Clerk is DIRECTED to send to the petitioner a blank short-form Application to Proceed in District
Court without Prepaying Fees or Costs. Within 30 days from the date of entry of this order on the docket, the
petitioner MUST submit to the Court either the $5.00 filing fee or the completed application. The plaintiff’s
submission (whether she pays the fee or submits the application) must show the temporary docket number
assigned to this matter (3:14-mc-0918).
The petitioner is forewarned that, if she fails to comply with the instructions of the Court within the
specified time, her petition may be denied and this action dismissed for failure to comply with the instructions
of the Court and for want of prosecution. Fed. R. Civ. P. 41(b).
It is so ORDERED.

TODD CAMPBELL
United States District Judge