CIVIL ACTION NO. 3:07-cv-563-HTW-LRA.
March 28, 2008
LINDA ANDERSON, Magistrate Judge
Before the Court is Petitioner's response to this Court's Final Judgment [14] and motion to hear Petitioner's Habeas Corpus [15]. A Final Judgment was entered in this cause on January 30, 2008 for failure to prosecute. However, in the interest of justice this case will be reopened and Petitioner is directed to comply with this Court's order of September 27, 2007, directing him to file a completed application to proceed in forma pauperis or pay the $5.00 filing fee. Accordingly, it is hereby
ORDERED AND ADJUDGED:
1. That the United States District Court Clerk is hereby directed to reopen this cause.
2. That Petitioner's motion to hear Petitioner's Habeas Corpus [15] is granted insomuch as this case will be reopened.
3. That the Petitioner is granted twenty days from the date of this order to file a completed application to proceed in forma pauperis or pay the $5.00 filing fee. If the Petitioner or someone on behalf of the Petitioner submits the $5.00 filing fee, there must be a written explanation that the money is being submitted as payment of the filing fee in this case (3:07-cv-563-HTW-LRA) on behalf of the Petitioner, John Roland Myles, Jr., #029655-HCDC.
4. That Petitioner is informed that his failure to timely comply with the requirements of this order may lead to the dismissal of his petition.
5. The Clerk shall mail the attached in forma pauperis application to the Petitioner at his last known address.
SO ORDERED.
MOTION TO PROCEED IN FORMA PAUPERIS
I, ____________________________________________________ (name), ___________________ (prisoner number), declare that I am the petitioner in the above-entitled proceeding; that in support of my request to proceed without prepayment of fees or costs under 28 U.S.C. § 1915 I declare that I am unable to pay the costs of said proceedings or give security therefor; that I believe I am entitled to the relief. Signed: ______________________________________ Date: ___________________________ __________________________________________________________________________________ AFFIDAVIT IN SUPPORT OF MOTION
In support of this motion, I answer the following questions under penalty of perjury: 1. Are you currently incarcerated? ____ Yes ___ No If "yes" state the place of your incarceration _________________________________________ 2. Are you presently employed (at the institution or otherwise)? ____ Yes ___ No a. If the answer is "yes," state the amount of your salary or wages per month, and give the name and address of your employer. _____________________________________________________ ________________________________________________________________________________________ b. If the answer is "no," state the date of the last employment and the amount of the salary and wages per month which you received. ________________________________________________ ________________________________________________________________________________________ 3. Have you received within the past twelve months any money from any of the following sources? a. Business, profession or form of self-employment? ____ Yes ____ No b. Rent payments, interest or dividends? ____ Yes ____ No c. Pensions, annuities or life insurance payments? ____ Yes ____ No d. Gifts or inheritances? ____ Yes ____ No e. Any other sources? ____ Yes ____ No If the answer to any of the above is "yes," describe each source of money and state the amount received from each during the past twelve months. __________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ 4. Do you own cash, or do you have money in a checking or savings account? ____ Yes ____ No (Include any funds in prison accounts.) If the answer is "yes," state the total value of the items owned. ________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ 5. Do you own any real estate, stocks, bonds, notes, automobiles, or other valuable property (excluding ordinary household furnishings and clothing)? ____ Yes ____ No If the answer is "yes," describe the property and state its approximate value. ___________ __________________________________________________________________________________________ __________________________________________________________________________________________ 6. List the persons who are dependent upon you for support, state your relationship to those persons, and indicate how much you contribute toward their support. __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ I declare (or certify, verify or state) under penalty of perjury that the foregoing is true and correct. Executed on _____________________________ _____________________________________ Date Signature of Petitioner Certificate
I hereby certify that the petitioner herein has the sum of $__________ on account to his credit at the ___________________________ institution where he is confined. I further certify that petitioner likewise has the following securities to his credit according to the records of said _____________________________________ institution: ________________________________________________. ____________________________ __________________________________ Date Authorized Officer of Institution