Johnson v. McNeil

Full title: MARKELL JOHNSON, Petitioner, v. WALTER A. McNEIL, Respondent

Court: United States District Court, N.D. Florida, Panama City Division

Date published: Apr 30, 2008

CASE NO.: 5:08cv114/RS/MD (N.D. Fla. Apr. 30, 2008)

Opinion

CASE NO.: 5:08cv114/RS/MD.

April 30, 2008

ORDER

MILES DAVIS, Magistrate Judge

Petitioner has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. 1). However, petitioner neither paid the filing fee of $5.00 nor submitted an application to proceed in forma pauperis. Petitioner's case cannot proceed until he either pays the filing fee or files a complete application for leave to proceed in forma pauperis. A complete application includes a motion with supporting affidavit, a prisoner consent form and a financial certificate with account attachments (a printout of the transactions in petitioner's inmate trust account for the past six months).

Accordingly, it is ORDERED:

1. The Clerk shall forward to the petitioner a form application to proceed in forma pauperis. This case number should be written on the form.

2. Within thirty (30) days of the date of this order, petitioner shall either pay the $5.00 filing fee in full, or submit a complete application for leave to proceed in forma pauperis. Petitioner's failure to comply with this order may result in a recommendation to the District Court that this case be dismissed.

DONE AND ORDERED.