Morton v. USA et al
| Corey T. Morton |
| USA, T.G. Werlich, United States Department of Justice, U.S. Attorney General, Unknown Custodians and T. G. Werlich |
| 3:2019cv01088 |
| October 7, 2019 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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This docket was last retrieved on November 14, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing fee: $ 5.00, receipt number 34625097326 (amv) |
| Filing fee or Motion for IFP due by 12/1/2019. (jaj) |
Filing 4
Order: Petitioner has filed a #1 Petition Writ of Habeas Corpus, but has not paid the filing fee or filed a motion to proceed without prepayment of the filing fee. He has filed a #2 Motion to Order Custodian to Process Filing Fee, which asks the Court to direct Warden Werlich to immediately process the payment of the $5.00 filing fee from his account. The Court construes this motion as a request for a temporary restraining order ("TRO") pursuant to Rule 65(b). A TRO may issue only if "specific facts in an affidavit or a verified complaint clearly show that immediate or irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition." Fed. R. Civ. P. 65(b)(1)(A). Such injunctive relief is warranted "to prevent a substantial risk of serious injury from ripening into actual harm." Farmer v. Brennan, 511 U.S. 825, 845 (1994). Petitioner makes vague allegations that he has suffered unnecessary delay and injury due to the difficulties arising from abuse of authority, disposal of requisite forms and written requests, and arbitrary and malicious conduct by institutional staff. He has not shown, however, immediate or irreparable injury or demonstrated to the Court why he has been unable to contact prison officials to have his filing fee paid or file a motion to proceed without prepayment of the filing fee. As such, the Court lacks sufficient information to assess his need for emergency relief or prepare a TRO that is sufficiently narrowly-tailored to address his present need, and so the #2 Motion to Order Custodian to Process Filing Fee is DENIED without prejudice. Within 30 days of the entry of this Order, Petitioner is ORDERED to submit the $5.00 filing fee or a motion to proceed without prepayment of the filing fee. If Petitioner files a motion to proceed without prepayment of the filing fee, the Court must review his trust fund account statement for the six-month period immediately preceding the filing of this action. Thus, he must have the Trust Fund Officer at his facility complete the attached certification and provide a copy of his trust fund account statement (or institutional equivalent). If he fails to pay the filing fee or submit the motion to proceed without prepayment of the filing fee by the deadline, the case will be dismissed without prejudice for failure to prosecute. FED. R. CIV. P. 41(b); Sperow v. Melvin, 153 F.3d 780, 781 (7th Cir. 1998). All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. Finally, Petitioner is advised that if his address changes, he must notify the Court within seven days of the change by filing a Notice of Change of Address. Failure to do so could result in the dismissal of the case. The Clerk is DIRECTED to mail Petitioner a blank motion and affidavit to proceed without prepaying fees or costs form. Signed by Judge Staci M. Yandle on 11/1/2019. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 Notice of Judge Assignment. Judge Staci M. Yandle assigned. All future documents must bear case number 19-cv-1088-SMY. (jsm2) |
| Filing 2 MOTION to Order Custodian to Process Filing Fee by Corey T. Morton. (jsm2) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Corey T. Morton.(jsm2) |
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