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Mesa v. Attorney General

United States District Court, S.D. Florida

July 22, 2019

RAFAEL QUINTANA MESA, Petitioner
v.
ATTORNEY GENERAL, Respondent

          RAFAEL QUINTANA MESA KROME NORTH SERVICE PROCESSING CENTER PRO SE

          REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE

          REID MAGISTRATE JUDGE.

         I. Introduction

         This matter is before the Court upon a sua sponte review of the record. This cause has been referred to the Undersigned for Report and Recommendation on all dispositive matters pursuant to 28 U.S.C. § 636(b)(1)(B) and S.D. Fla. Admin. Order 2019-2. [ECF 4].

         On June 5, 2019, Petitioner filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 in the United States District Court for the Middle District of Florida. [ECF 1]. On June 11, 2019, this matter was transferred by the Middle District to this Court. [ECF 2; ECF 3].

         Upon review of Petitioner's Petition, the Undersigned Ordered Petitioner to pay the required $5.00 filing fee pursuant to 28 U.S.C. § 1914(a), or in the alternative, to submit a motion for leave to proceed in forma pauperis pursuant to Rule 3(a) of the Rules Governing § 2254 Cases. See 25 U.S.C. § 2243.[1]

         As of the entering of this Report and Recommendation, Petitioner has neither paid the $5.00 filing fee nor has he filed a motion for leave to proceed in forma pauperis. Further, it appears that Petitioner has been released from custody, mooting this matter.[2] Accordingly, the Undersigned RECOMMENDS that Petitioner's Petition [ECF 1] be DISMISSED for failure to pay the filing fee.

         II. Discussion

         The filing fee for a petition for writ of habeas corpus is $5.00. See 28 U.S.C. § 1914(a). Further, S.D. Fla. L.R. 88.2(a) requires that all petitions for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 be “filed in the Clerk's Office” “together with filing fee.” S.D. Fla. L.R. 88.2(a). A review of the record shows that Petitioner has failed to pay the fee in violation of 28 U.S.C. § 1914(a) and S.D. Fla. L.R. 88.2(a).

         If a petitioner cannot pay the filing fee, he “shall submit the form ‘Application to Proceed Without Prepayment of Fees and Affidavit' … which establishes that he or she is unable to pay the fees and costs of the proceedings.” S.D. Fla. L.R. 88.2(b). The record also shows that Petitioner failed to file for leave to proceed in forma pauperis in violation of S.D. Fla. L.R. 88.2(b).

         On June 17, 2019, the Undersigned Ordered Petitioner to either pay the $5.00 filing fee or file a motion for leave to proceed in forma pauperis. [ECF 6]. The Undersigned gave Petitioner until July 8, 2019 to do so, warning Petitioner that “failure to comply with this Order may result in dismissal of this case.” [Id.].[3]

         As of the date of this Report and Recommendation, Petitioner has not paid the filing fee, nor has Petitioner filed a motion for leave to proceed in forma pauperis. Accordingly, the Undersigned RECOMMENDS that Petitioner's Petition [ECF 1] be DISMISSED for failure to pay the filing fee.

         III. Recommendations

         Based on the foregoing, it is RECOMMENDED that Petitioner's case [ECF 1] be DISMISSED ...


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