Opinion
Civil Action No. 18-8983 (RBK)
06-12-2018
CORTEZ STRICTLAND, Petitioner, v. WARDEN SCOTT YOUNG, Respondent.
MEMORANDUM AND ORDER
Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. On May 15, 2018, the Court administratively terminated the habeas petition because Petitioner did not pay the filing fee or submit an application to proceed in forma pauperis. (See ECF No. 2). The Court gave Petitioner thirty days to either pay the filing fee or submit an in forma pauperis application. (See id.). The Court received Petitioner's application to proceed in forma pauperis on June 4, 2018. (See ECF No. 3). Therefore, the Clerk will be ordered to reopen this case.
The certification and account statement submitted by Petitioner indicates that the greatest amount on deposit in his prisoner account during the six-month period prior to the date of filing was $231.35. (See ECF No. 3 at p. 6). Additionally, Petitioner received deposits totaling $1,133.00 during the prior six months. (See id. at p. 9). Under Local Civil Rule 81.2(c), a petitioner is not eligible to proceed in forma pauperis if his prison account exceeds $200. Petitioner must therefore pay the $5.00 filing fee.
Accordingly, IT IS this 12th day of June, 2018,
ORDERED that the Clerk of the Court shall reopen this matter for the consideration of Petitioner's application to proceed in forma pauperis (ECF No. 3); and it is further
ORDERED that Petitioner's application to proceed in forma pauperis (ECF No. 3) is DENIED pursuant to Local Civ. R. 81,2(c); and it is further
ORDERED that the Clerk of the Court shall administratively terminate the petition pending submission of the filing fee; and it is further
ORDERED that the Clerk shall serve this order on Petitioner by regular U.S. mail.
s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge