Guy C. Mannino v. J. Humphreys, Warden, FCI Forrest City Low

United States District Court for the Eastern District of Arkansas · January 8, 2026 · No. 2:26-cv-00003-BSM-BBM

Summary

The United States District Court for the Eastern District of Arkansas orders the clerk to correct the respondent's name and provide the petitioner with an application to proceed in forma pauperis. The court requires the petitioner to submit the completed application and prisoner account certificate or pay the $5 filing fee by February 9, 2026, warning that failure to comply may result in dismissal without prejudice.

Holdings

  1. Under Rule 1(b) of the Rules Governing Section 2254 Cases, the court may apply those rules to a § 2241 petition filed by a person in federal custody.
  2. Before Mannino's § 2241 case may proceed, he must either pay the $5 filing fee or submit a completed IFP application, the required affidavit, and a certificate showing the balance of his institutional account.

Questions Presented

  1. Whether the court may apply the Rules Governing Section 2254 Cases to a federal prisoner's § 2241 petition.
  2. Whether a § 2241 petitioner must pay the filing fee or submit the required application and supporting account certificate to proceed with the action.

Disposition

other

Cases Cited (2)

  • Rivas-Lopez v. Rivera, 107 F. Supp. 3d 977, 978 (E.D. Ark. 2015)(followed)
  • McCoy v. Sanders, No. 2:06-cv-00041-JMM, 2006 WL 1028939, *1 (E.D. Ark. Apr. 13, 2006)(followed)

Cited In (0)

No citing cases on record yet.

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