Sloan v. United States of America

Filing 3

ORDER DIRECTING PETITIONER TO FILE AN IN FORMA PAUPERIS AFFIDAVIT AND TRUST ACCOUNT STATEMENT OR PAY THE $5.00 HABEAS FILING FEE. Signed by Judge James D. Todd on 11/30/16. (Todd, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
JOE DAVID SLOAN,
Petitioner,
VS.
UNITED STATES OF AMERICA,
Respondent.

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Civ. No. 16-1301-JDT-cgc
Crim. No. 03-10071-JDT-2

ORDER DIRECTING PETITIONER TO FILE AN IN FORMA PAUPERIS
AFFIDAVIT AND TRUST ACCOUNT STATEMENT OR
PAY THE $5.00 HABEAS FILING FEE

On November 23, 2016, Petitioner Joe David Sloan, who is incarcerated at the Gibson
County Correctional Center in Trenton, Tennessee, filed a pro se petition pursuant to 28
U.S.C. § 2241. (ECF No. 1.)1 However, Petitioner neglected to submit either the $5.00
habeas filing fee required by 28 U.S.C. § 1914(a) or an application to proceed in forma
pauperis. Accordingly, Petitioner is ORDERED to submit, within 30 days after the date of
this order, either the $5.00 habeas filing fee or a properly completed and executed application
1

The Petitioner titled his document, “Petition for Writ of Habeas Corpus Pursuant to 28
U.S.C. 2255/2241.” (Id. at 1.) However, because Petitioner “is challenging the manner in which
the sentence is executed, rather than the validity of the sentence itself, Section 2255 does not
apply.” United States v. Jalili, 925 F.2d 889, 893 (6th Cir. 1991); see also Wright v. United
States Bd. of Parole, 557 F.2d 74, 77 (6th Cir. 1977) (“Section 2255 . . . has been conceived to
be limited to those claims which arise from the imposition of the sentence as distinguished from
claims attacking the execution of the sentence.”). Therefore, the Court construes the petition as
having been brought solely under 28 U.S.C. § 2241.

to proceed in forma pauperis and a copy of his inmate trust account statement for the last six
months.2
The Clerk is directed to mail Petitioner a copy of the prisoner in forma pauperis
affidavit form along with this order. If Petitioner needs additional time to submit the
necessary documents, he may, within 30 days after the date of this order, file a motion for
an extension of time.
If Plaintiff fails to comply with this order in a timely manner the Court will deny leave
to proceed in forma pauperis and dismiss the petition without further notice for failure to
prosecute, pursuant to Federal Rule of Civil Procedure 41(b).
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE

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Petitioner is advised that if his trust account has a current balance of at least $25.00, he
will be required to pay the $5.00 filing fee.
2