Opinion
Case No. 3:08cv208/MCR/EMT.
June 4, 2008
ORDER
This cause is before the court upon Petitioner's filing a habeas petition under 28 U.S.C. § 2254 and a motion to proceed in forma pauperis (Docs. 1, 2).
Petitioner's application to proceed in forma pauperis shall be denied, without prejudice, as it is incomplete. A prisoner seeking to bring a civil action without prepayment of the filing fee must submit a certified copy of the trust fund account statement for his inmate account for the six-month period immediately preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(a). In this case, as the complaint was filed May 18, 2008 ( see Doc. 1 at 6), the period involved is from December 18, 2007 through May 18, 2008. Although Petitioner submitted a printout from his inmate account, the printout shows the activity in his account for only the months of February of 2008 and April of 2008, instead of December 18, 2007 through May 18, 2008, as required ( see Doc. 2). Furthermore, Petitioner failed to provide a Prisoner Consent Form and Financial Certificate signed by an authorized prison official. Before this matter may proceed, Petitioner must either pay the filing fee of $5.00 or obtain leave to proceed in forma pauperis by filing a fully and properly completed application and attachments. No further action will occur in this case until the matter of the filing fee is resolved.
The court notes that Petitioner also submitted deposit receipts for January 8, 2008, and February 15, 2008, showing that funds were deposited in his inmate account for $20.00 and $10.00, respectively ( see Doc. 2).
Accordingly, it is ORDERED:
1. Petitioner's application to proceed in forma pauperis (Doc. 2) is DENIED without prejudice.
2. The clerk is directed to forward an in forma pauperis application to Petitioner.
3. Within THIRTY (30) DAYS from the date of docketing of this order, Petitioner shall either pay the filing fee of $5.00 or submit a fully completed application to proceed in forma pauperis.
4. Petitioner's failure to comply with this order may result in the dismissal of this case.
DONE AND ORDERED.