Opinion
2:22-cv-01355-JAD-NJK
08-31-2022
Benjamin Rodriguez, Petitioner v. Clark County Detention Center, et al., Respondents
Application by September 30, 2022
ORDER DIRECTING PETITIONER TO EITHER PAY FILING FEE OR FILE IFP
U.S. District Judge Jennifer A. Dorsey
In order to obtain federal habeas review under 28 U.S.C. § 2241, a petitioner must either pay the required $5 filing fee or submit an application for leave to proceed in forma pauperis (IFP). When Petitioner Benjamin Rodriguez commenced this action, he did not pay the $5 filing fee or submit an IFP application. As a result, this action is improperly commenced and will not proceed unless and until Rodriguez either pays the $5 filing fee or submits a complete IFP application with all required documentation.
Under 28 U.S.C. § 1914(a) and the Judicial Conference Schedule of Fees, a $5.00 filing fee is required to initiate a habeas action in a federal district court. The court may authorize an indigent prisoner to begin a habeas action without paying the $5 fee if he submits an IFP application on the approved form and includes three specific documents: (a) the prisoner's financial declaration and acknowledgement showing an inability to prepay fees and costs, (b) a financial certificate signed by the prisoner and an authorized prison official, and (c) a copy of the prisoner's account statement for the six-month period prior to filing. 28 U.S.C. § 1915(a); LSR 1-1, LSR 1-2.
IT IS THEREFORE ORDERED that Rodriguez must either (1) pay the $5 filing fee or (2) file an IFP application that includes: (a) a financial certificate signed by Rodriguez and an authorized prison official, (b) a financial declaration and acknowledgement signed by Rodriguez, and (c) a copy of his inmate account statement for the six-month period prior to filing. If he fails to do so by September 30, 2022, this case will be dismissed without prejudice and without further prior notice. If Rodriguez decides to pay the filing fee from his inmate account, he must arrange to have a copy of this order attached to the check for the filing fee.
The Clerk of Court is instructed to SEND Rodriguez a blank form IFP application for incarcerated litigants along with two copies of this order.