Gunter v. Doe et al

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IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
DELTA DIVISION
LESTER GUNTER 	PETITIONER
Reg. # 29255-058
V. 	No. 2:25-cv-00204-JM-ERE
BOP, ET AL. 	RESPONDENTS
ORDER
On October 20, 2025, Lester Gunter, an inmate at the Federal Correctional
Institution in Forrest City, Arkansas, filed a pro se petition for writ of habeas corpus,
pursuant to 28 U.S.C. § 2241. Doc. 1. Mr. Gunter did not pay the filing fee or ask to
proceed in forma pauperis.1
IT IS THEREFORE ORDERED that:
1. 	Along with this Order, the Clerk of the Court will send Mr. Gunter an
Application to Proceed Without Prepayment of Fees and Affidavit (Form AO-240).
2. 	If Mr. Gunter wishes to continue with this habeas action, he must, on
or before Tuesday, November 18, 2025, either: (1) file the completed Application,
1 	Pursuant to Rule 3(a) of the Rules Governing § 2254 Cases in United States District
Courts, a habeas petition “must be accompanied” by the applicable filing fee or “a motion for leave
to proceed in forma pauperis, the affidavit required by 28 U.S.C. § 1915, and a certificate from
the warden or other appropriate officer of the place of confinement showing the amount of money
or securities that the petitioner has in any account in the institution.” Rule 3(a) is applicable to
petitions filed under 28 U.S.C. § 2241. See Rule 1(b) of the Rules Governing Section 2254 Cases
in the United States District Courts.
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including the Certificate of Prisoner Accounts;2 or (2) pay the $5.00 filing fee, in
full.3 If Mr. Gunter fails to timely and properly comply with this Order, this case
may be dismissed, without prejudice, pursuant to Local Rule 5.5(c)(2).4
3. 	Additionally, the Clerk of the Court is directed to change Respondent
to “Warden, FCI-Forrest City.”
4. 	Service of the Petition is not appropriate at this time.
Dated 28 October 2025.
__________________________________
UNITED STATES MAGISTRATE JUDGE
2 The Certificate must be signed by an authorized officer at the incarcerating facility.
3 Mr. Gunter’s payment must clearly indicate that it is for payment of the filing fee in this
action. Gunter v. Warden, FCI-Forrest City, No. 2:25-cv-00204-JM-ERE.
4 Rule 5.5(c)(2) of the Local Rules of the United States District Court for the Eastern of
Arkansas, provides:
It is the duty of any party not represented by counsel to promptly notify the Clerk
and the other parties to the proceedings of any change in his or her address, to
monitor the progress of the case, and to prosecute or defend the action diligently. A
party appearing for himself/herself shall sign his/her pleadings and state his/her
address, zip code, and telephone number. If any communication from the Court to
a pro se plaintiff is not responded to within thirty (30) days, the case may be
dismissed without prejudice. Any party proceeding pro se shall be expected to be
familiar with and follow the Federal Rules of Civil Procedure.
(emphasis added). See also Fed. R. Civ. P. 41(b) (a district court may dismiss case for failure to
prosecute or comply with court orders); § 2254 Rule 12 (applicability of Federal Rules of Civil
Procedure in habeas proceedings).
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