Owens v. United States et al

Filing 7

MEMORANDUM OPINION. SEE OPINION for complete details. Signed by District Judge M. Hannah Lauck on 03/27/2018. Copy of Memorandum Opinion mailed to Petitioner as directed.(ccol, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

PHILLIP A. OWENS,

_J

p

MAR 2 720ia

J

CLERK, U.S. DlSTfliCT COURT
RICHMOND, VA

Petitioner,

V.

Civil Action No. 3:17CV706

UNITED STATES, e/fl/.,

Respondents.
MEMORANDUM OPINION

Petitioner, a federal inmate proceedingse, submitted a 28 U.S.C. § 2241 Petition and
sought leave to proceed without payment of the statutory filing fee. i'ee 28 U.S.C. § 1914(a)

(requiring five dollar ($5.00) filing fee for all habeas petitions); 28 U.S.C. § 1915 (permitting a
court to approve informa pauperis status for litigant). By Memorandum Order entered on
November 17, 2017, the Court directed Petitioner, within fifteen (15) days of the date of entry

thereof, to complete and return theappropriate informa pauperis affidavit or pay the $5.00 filing
fee. (ECF No. 2, at 1.) The Court also advised Petitioner that he may request anextension of
time to pay the filing fee or explain any special circumstances that would justify excusing all or
any part of the fee. {Id. at 2.)

On December 11,2017, the Court received from Petitioner a Motion for Extension of

Time to Reply to the Filing Fee Due to Indigent Status. (ECF No. 4.) In his Motion, Petitioner
requested that the Court grant him an additional thirty (30) days to pay the filing fee becausehe
would be in transit. {Id. at 1.) By Memorandum Order entered on January 11, 2018, the Court
granted Petitioneran additional thirty (30) days to complete and return the informa pauperis
affidavit or pay the $5.00 filing fee. The Coiut warned Petitionerthat if he failed to comply with
the above directives, the action would be dismissed.