Opinion
Civil No. 07-1647-JO.
November 19, 2007
ORDER
Plaintiff, a federal prisoner housed at FCI-Sheridan, filed a Petition for "Writ of Habeas Corpus Under 28 U.S.C. § 2241." However, plaintiff does not challenge the execution of his sentence, but rather the conditions of his confinement as they relate to visitation. Accordingly, this civil rights action should be brought pursuant to Bivens v. Six Unknown Named Agents of the Fed. Bureau of Narcotics, 403 U.S. 388 (1971). Pursuant to 28 U.S.C. § 1914, a party seeking to institute a civil action shall pay a filing fee of $350.00. Plaintiff has paid only $5.00
An action may proceed without the prepayment of a filing fee only upon a proper application to proceed in forma pauperis. 28 U.S.C. § 1915(a). A prisoner granted leave to proceed in forma pauperis may be required to pay an initial partial filing fee and shall be required to make monthly payments toward satisfaction of the filing fee when sufficient funds are credited to his trust account. 28 U.S.C. § 1915(b).
Accordingly, IT IS ORDERED that plaintiff shall submit either $345.00 to cover the balance of the filing fee or an application to proceed in forma pauperis within 30 days of the date of this order. Any application to proceed in forma pauperis must bear the Civil No. 07-1647-JO. Plaintiff is advised that failure to pay the full fee or to file an application to proceed in forma pauperis will result in the dismissal of this proceeding.
The Clerk of the Court is directed to forward to plaintiff a form application to proceed in forma pauperis with this order.
IT IS SO ORDERED.