James Johnson v. Warden McKean FCI, et al
| JAMES LAMONT JOHNSON |
| WARDEN MCKEAN FCI and ATTORNEY GENERAL UNITED STATES OF AMERICA |
| SUSAN PARADISE BAXTER |
| 19-3895 |
| December 18, 2019 |
| U.S. Court of Appeals, Third Circuit |
| Other |
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| NONCOMPLIANCE Order sent to Petitioner James Lamont Johnson. Action on the petition for writ of mandamus is deferred. Petitioner did not submit the filing fee or a motion for leave to proceed in forma pauperis with the mandamus petition. Within 14 days of the date of this order, Petitioner must either file a motion for leave to proceed in forma pauperis and affidavit or remit payment of the $500.00 filing fee. As required by the affidavit form and statute, the motion must be accompanied by a certified statement of Petitioner's institutional account for the six months prior to this date. It is noted that a petition for writ of mandamus is an original action and a separate motion for leave to proceed in forma pauperis must be filed, regardless of Petitioner's fee status in other proceedings. If the file fee is not paid or the motion is not filed, the petition may be dismissed without further notice. Petitioner must also serve the petition on each party to the proceeding in the trial court (or on counsel for each party), and provide a copy of the petition for writ of mandamus of the District Court judge. In addition, a copy of the motion for leave to proceed in forma pauperis must be served on each party to the proceeding, to include the District Court judge. A certificate of service reflecting that the petition and motion have been served must be submitted to the Court of Appeals within 14 days of the date of this order. The petition will not be submitted to the Court until the filing fee or motion to proceed in forma pauperis and affidavit and the certificate of service are received. Compliance due 01/02/2020. (TMM) [Entered: 12/18/2019 09:42 AM] |
| PETITION FOR WRIT OF MANDAMUS DOCKETED. Notice filed by Petitioner James Lamont Johnson. (TMM) [Entered: 12/18/2019 09:16 AM] |
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