United States District Court, W.D. North Carolina, Asheville Division
COGBURN JR. UNITED STATES DISTRICT JUDGE
MATTER is before the Court upon Petitioner Mack
Chason Glisson's Motion to Proceed In Forma Pauperis
(“IFP”) (Doc. No. 2), Motion to Seal (Doc. No.
5), and Motion to hold these proceedings in abeyance pending
exhaustion of his state remedies (Doc. No. 6). Petitioner is
represented by Christopher John Heaney of North Carolina
Prisoner Legal Services (“NCPLS”).
is a prisoner of the State of North Carolina, who, on
December 18, 2014, was convicted of first-degree murder after
a jury trial in Buncombe County Superior Court. He was
sentenced to life in prison without the possibility of
parole. (§ 2254 Pet. 1-2, Doc. No. 1.)
March 21, 2017, the North Carolina Court of Appeals issued an
unpublished opinion finding no error in the judgment.
State v. Glisson, 797 S.E.2d 381 ( N.C. Ct. App.
2017) (Table). Petitioner did not seek discretionary review
of the appellate court's decision in the North Carolina
Supreme Court. (§ 2254 Pet. 2.)
through counsel, filed a post-conviction motion for
appropriate relief (“MAR”) in the Buncombe County
Superior Court on April 23, 2018; it was denied on September
26, 2018, without an evidentiary hearing. (§ 2254 Pet.
3-4.) Petitioner filed a petition for writ of certiorari in
the North Carolina Court of Appeals on March 28, 2019,
seeking review of the denial of his MAR. (§ 2254 Pet.
with the filing of his state certiorari petition, Petitioner
filed a Petition for Writ of Habeas Corpus, 28 U.S.C. §
2254, in this Court. (Doc. No. 1.) He also filed the three
Motions that are the subject of this Order.
to Petitioner, the North Carolina Court of Appeals allowed
his certiorari petition on May 2, 2019, vacated the order
denying the MAR, and remanded the case to the trial court for
further proceedings. (Status Update, Doc. No. 7 (citing
State v. Glisson, P19-213 ( N.C. Ct. App. May 2,
2019)). Petitioner's MAR is now pending before the
Superior Court of Buncombe County. (Id.)
law requires a petitioner seeking habeas review of his state
conviction and/or sentence in federal district court to pay a
$5.00 filing fee or be granted leave to proceed without
prepayment of fees and costs. See 28 U.S.C.
§§ 1914, 1915(a). According to his IFP application,
Petitioner does not receive income from any source, including
from gifts. (Doc. No. 2 at 1.) He lists, as a debt, $5,
000.00 in restitution he must pay for his wife's funeral
expenses. (Doc. No. 2 at 2.) Petitioner's trust fund
account statement shows that since August 28, 2018, frequent
deposits ranging from $10.00 to $60.00 have been made to his
trust fund account. (Trust Fund Acct. Stmt., Doc. No. 2 at
3-9.) The Court is unable to determine from the statement
whether he has been paying restitution while incarcerated.
Petitioner's misrepresentation about non-receipt of
income in the form of gifts, the Court shall grant his IFP
Motion. It is unclear from the materials provided whether
Petitioner had the means to pay the $5.00 filing fee when he
filed his habeas Petition.
MOTION TO SEAL
Motion, Petitioner seeks
to seal a reference list describing redactions of an unsealed
exhibit (Exhibit A - Redacted) submitted in support of his
petition for writ of habeas corpus pursuant to 28 U.S.C.
§ 2254, a sealed exhibit submitted in support of that
petition (Exhibit B), an unredacted memorandum in support of
the petition, ...