Jonalson v. Dep't of Homeland Sec.

• Decision Date: 06 April 2022
• Docket Number: Civil Action 22-10083-NMG
• Citation: Jonalson v. Dep't of Homeland Sec., Civil Action 22-10083-NMG (D. Mass. Apr 06, 2022)
• Parties: DOR JONALSON, Petitioner, v. DEPARTMENT OF HOMELAND SECURITY, et al., Respondents.
• Court: U.S. District Court — District of Massachusetts

DOR JONALSON, Petitioner, v. DEPARTMENT OF HOMELAND SECURITY, et al., Respondents.

Civil Action No. 22-10083-NMG

United States District Court, D. Massachusetts

April 6, 2022

ORDER

NATHANIEL M. GORTON, UNITED STATES DISTRICT JUDGE

On January 20, 2022, Dor Jonalson, an immigration detainee in custody at the Plymouth County Correctional Facility initiated this pro se habeas challenge to his continued detention pursuant to Reid v. Donelan, 17 F. 4th 1(1st Cir.Oct. 6, 2021).SeeDocketNo. 1.

Because petitioner did not pay the $5.00 filing fee nor file a fee-waiver application, a Procedural Order issued granting petitioner 21 days to either pay the $5.00 fee or file a motion for leave to proceed in forma pauperis accompanied by a certified copy of his prison account statement.SeeDocketNo. 5.

On January 31, 2022, the envelope with the Court's Order was returned to the Court as undeliverable.SeeDocketNo. 6.The same day, on January 31, 2022, petitioner filed a second habeas petition that was entered on the docket as petitioner's amended petition.SeeDocketNo. 7.

On February 7, 2022, a second Procedural Order issued granting petitioner 21 days to either pay the $5.00 fee or file a motion for leave to proceed in forma pauperis accompanied by a certified copy of his prison account statement.SeeDocketNo. 8.

Although petitioner has not paid the filing fee or sought leave to proceed in forma pauperis, he filed a third pleading on March 23, 2022.SeeDocketNo. 9.It is unclear whether petitioner is aware that he cannot proceed in this action with three different petitions.Because petitioner is proceeding pro se, and such litigants often lack familiarity with the legal system, petitioner will be granted an opportunity to advise the Court which petition he wishes to designate as the operative pleading for this action.

However petitioner cannot proceed with this action until the issue of the filing fee is resolved.Petitioner will be granted one final opportunity to either pay the fee or file a fee-waiver application.Failure to comply with this Order will result in dismissal of this action without prejudice for failure to comply with an order of the Court.

For the forgoing reasons, on or before April 29, 2022, petitioner shall: (1) either pay the $5.00 fee or file a motion for leave to proceed in forma pauperis accompanied by a certified copy of his prison account statement; and (2)...