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GARY WILLIAM HOLT, Petitioner, v. BRUCE PEARSON, Respondent.

ORDER DIRECTING PETITIONER TO FILE AN IN FORMA PAUPERIS AFFIDAVIT OR PAY THE HABEAS FILING FEE

BENICE DONALD, District Judge

Petitioner Gary William Holt, Bureau of Prisons inmate registration number 33069-138, an inmate at the Federal Correctional Institution in Memphis ("FCI-Memphis"), filed apro se petition pursuant to 28 U.S.C. § 2241 on January 23, 2005. The Clerk shall record the respondent as FCI-Memphis Warden Bruce Pearson.

A habeas petition carries a filing fee of five dollars ($5.00). 28 U.S.C. § 1914(a). Holt's petition is not accompanied by either the filing fee or a motion to proceed in forma pauperis. Accordingly, Holt is ORDERED either to submit a properly completed in forma pauperis affidavit demonstrating his indigency, along with an inmate trust fund account statement, or pay the filing fee within thirty (30) days of the entry of this order. The Clerk is ORDERED to mail a copy of the prisoner in forma pauperis affidavit to petitioner along with this order. Failure to timely comply with any requirement of this order will result in dismissal of the petition without further notice for failure to prosecute.

In the interest of expediting this matter, petitioner is advised that, if his inmate trust fund account has a balance of at least twenty-five dollars ($25.00), an application to proceedin forma pauperis will be denied.

IT IS SO ORDERED.

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HOLT v. PEARSON
(Jan 31, 2006)