Opinion
23-cv-665-jdp
09-27-2023
EARL C. MAGWOOD, Petitioner, v. FCI WARDEN KEYES, Respondent.
ORDER
ANDREW R. WISEMAN UNITED STATES MAGISTRATE JUDGE
Petitioner Earl C. Magwood seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner has submitted a motion for leave to proceed without prepayment of the filing fee. (Dkt. # 2). The court cannot consider this motion, however, because it lacks supporting documentation regarding petitioner's eligibility for indigent status. For this case to move forward, petitioner must either pay the $5 filing fee or submit a certified inmate trust fund account statement (or institutional equivalent) for the six-month period immediately preceding the filing of this habeas corpus petition. If petitioner does not submit either the $5 filing fee or a trust fund account statement before October 20, 2023, the court will assume that petitioner wishes to withdraw this action voluntarily and will dismiss the petition.
ORDER
IT IS ORDERED that:
1. The motion for leave to proceed without prepayment of the filing fee (Dkt. # 2) is DENIED at this time.
2. No later than October 20, 2023, petitioner Earl C. Magwood shall pay the $5 filing fee or submit a certified copy of petitioner's inmate trust fund account statement for the six-month period from the date of the habeas petition (March 27, 2023 through at least September 27, 2023).
3. If petitioner fails to pay the $5 filing fee, comply as directed, or show cause for failure to do so, the court will assume the petitioner wishes to withdraw this petition.