Houston v. Parris

Filing 7

SECOND ORDER DIRECTING PETITIONER TO COMPLY WITH 28 U.S.C. § 1915(a)(2) OR PAY THE HABEAS FILING FEE. Signed by Judge J. Daniel Breen on 7/18/17. (Breen, J.)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
______________________________________________________________________________
ERIC HOUSTON,

)
)
Petitioner,
)
)
)
No. 1:17-cv-1124-JDB-egb
)
MIKE PARRIS,
)
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Respondent.
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______________________________________________________________________________
SECOND ORDER
DIRECTING PETITIONER TO COMPLY WITH 28 U.S.C. § 1915(a)(2)
OR PAY THE HABEAS FILING FEE
______________________________________________________________________________
On June 29, 2017, Petitioner, Eric Houston, Tennessee Department of Correction
prisoner number 204320, an inmate at the Northwest Correctional Complex, in Tiptonville,
Tennessee, filed a pro se habeas corpus petition under 28 U.S.C. § 2254. (ECF No. 1.)
However, Houston neglected to submit either the $5.00 habeas filing fee required by 28 U.S.C. §
1914(a)-(b) or an application to proceed in forma pauperis which includes a certification by the
prison trust fund account officer, as required by 28 U.S.C. § 1915(a)(2). On June 30, 2017, the
Court entered an order directing Petitioner to comply with 28 U.S.C. § 1915(a)(2) or pay the
$5.00 the habeas corpus filing fee. (ECF No. 3.)
On July 12, 2017, Petitioner filed his application to proceed in forma pauperis. (ECF No.
5.) However, the application to proceed in forma pauperis was not accompanied by a
certification from the prison trust fund account officer and a trust account statement for the last
six months.
Accordingly, Petitioner is ORDERED within thirty (30) days after the date of this Order

to pay the five-dollar habeas filing fee or submit his trust account statement for the last six
months.1 Failure to comply with this Order in a timely manner will result in dismissal of this
action without further notice for failure to prosecute, pursuant to Fed.R.Civ.P.41(b).
SO ORDERED this 18th day of July, 2017.

s/ J. DANIEL BREEN
J. Daniel Breen
UNITED STATES DISTRICT JUDGE

1

Plaintiff does not need to submit another application to proceed in forma pauperis.