Opinion
Civil Action No. 6: 21-024-KKC
02-23-2021
LENARD DIXON, Petitioner, v. C. GOMEZ, Respondent.
MEMORANDUM OPINION AND ORDER
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Petitioner LeNard Dixon is a federal prisoner currently confined at the United States Penitentiary ("USP")-McCreary located in Pine Knot, Kentucky. Proceeding without counsel, Dixon has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. [R. 1] However, Dixon did not pay the $5.00 filing fee as required by 28 U.S.C. § 1914, nor did he file a motion for leave to proceed in forma pauperis. While a cover letter included with his petition makes an informal request that the filing fee be waived "due to the spread of COVID-19 in the institution and the delay in funds being taken off my account," [R. 1-3], these are not sufficient reasons to waive payment of the filing fee.
In order to proceed in this matter, Dixon must either pay the $5.00 filing fee or file a properly-supported motion to proceed in forma pauperis. The Court will direct the Clerk of the Court to forward a copy of the required forms to Dixon. If Dixon fails to take either of these steps within the time provided below, his petition will be denied without prejudice for failure to prosecute. LR 5.3(b).
If Dixon files a motion to proceed in forma pauperis, he is advised that such a motion must be accompanied by "a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the complaint..., obtained from the appropriate official of each prison at which the prisoner is or was confined." 28 U.S.C. § 1915(a)(2) (emphasis added). The Court will not grant a motion to proceed in forma pauperis unless it receives the necessary account information. --------
Accordingly, it is hereby ORDERED as follows:
1. Dixon's informal request that payment of the $5.00 filing fee be waived [R. 1-3] is DENIED WITHOUT PREJUDICE.
2. The Clerk of the Court shall send Dixon an Affidavit of Assets / In Forma Pauperis Application [Form AO-240] and a Certificate of Inmate Account [EDKY Form 523].
3. Within 30 days from the date of this Order, Dixon must either pay the $5.00 filing fee or (1) have the Certificate of Inmate Account [EDKY Form 523] certified by prison staff, (2) complete the Affidavit of Assets/In Forma Pauperis Application [Form AO-240], and (3) file both of them with the Court.
4. The Court will deny the petition without prejudice if Dixon does not either pay the filing fee or file a properly-supported motion to proceed in forma pauperis within 30 days from the date of this Order.
Dated February 23, 2021
/s/
KAREN K. CALDWELL
UNITED STATES DISTRICT JUDGE
EASTERN DISTRICT OF KENTUCKY