Benson v. State of Tenn. et al

Filing 3

ORDER Directing Petitioner to File In Forma Pauperis Affidavit or Pay $5.00 Filing Fee. Signed by Judge Thomas L. Parker on 5/6/2019. (pab)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

MARQUETTE BENSON,
Petitioner,
v.
STATE OF TENNESSEE, SHELBY
COUNTY CRIMINAL COURT DIVISION
8, ATTORNEY GENERAL LEON JOSE,
AND TRENT HALL,
Respondents.

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No. 2:19-cv-02236-TLP-tmp

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

Petitioner Marquette Benson, a/k/a Marquette Mukes,1 filed a pro se petition pursuant to
28 U.S.C. § 2254 on April 15, 2019. (ECF No. 1.) However, Petitioner failed to either pay the
$5.00 habeas filing fee required by 28 U.S.C. § 1914(a) or submit an application to proceed in
forma pauperis and a copy of his trust account statement.
Accordingly, Petitioner is ORDERED to pay the $5.00 filing fee within thirty (30) days
after the date of this Order or submit a properly completed in forma pauperis affidavit
demonstrating his indigency, along with an inmate trust fund account statement.2 The Clerk is

1

Petitioner, Tennessee Department of Correction prisoner number 288175, is incarcerated at the
Trousdale Turner Correctional Center in Hartsville, Tennessee.
2
In the interest of expediting this matter, Petitioner is advised that if his inmate trust account had
a balance of at least $25.00 on the date this petition was filed, an application to proceed in forma
pauperis will be denied.

directed to mail a copy of the prisoner in forma pauperis affidavit to Petitioner along with this
order.
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 Federal Rule of Civil Procedure 41(b).
SO ORDERED, this 6th day of May, 2019.
s/Thomas L. Parker
THOMAS L. PARKER
UNITED STATES DISTRICT JUDGE

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