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Owens v. Federal Bureau of Prisons

United States District Court, W.D. North Carolina, Asheville Division

February 20, 2014

CARROL LEE OWENS, Petitioner,
v.
FEDERAL BUREAU OF PRISONS, Respondent.

ORDER

FRANK D. WHITNEY, District Judge.

THIS MATTER is before the Court upon Petitioner's Motion to Proceed in Forma Pauperis. (Doc. No. 3). By his Application, Petitioner is seeking permission to proceed with his Petition under 28 U.S.C. § 2241 for a Writ of Habeas Corpus, (Doc. No. 1), without having to pay the filing fee.

Petitioner did not attach his prisoner trust account statement to his Motion to Proceed in Forma Pauperis. Pursuant to 28 U.S.C. § 1915(a)(2), a prisoner seeking to proceed without prepayment of fees, in addition to submitting the required affidavit, "shall submit a certified copy of the trust fund account statement (or the institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the complaint." The provisions of 28 U.S.C. § 1915(a)(2) are mandatory. Thus, Petitioner will be required to produce a certified copy of his trust fund account statement for the six-month period preceding the filing of his petition before this Court can rule on his motion.

IT IS, THEREFORE, ORDERED that Petitioner shall produce a certified copy of his trust fund account statement within twenty (20) days from service of this Order.


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