NEALY v. COX

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

DAVID NEALY, JR, :
:
Petitioner, :
:
v. : Case No. 5:25-cv-413-MTT-CHW
:
ERIC COX, :
:
Respondent. :
________________________________

ORDER

Presently pending before the Court is a petition seeking federal habeas corpus relief
filed pursuant to 28 U.S.C. § 2254 by pro se Petitioner David Nealy, Jr., an inmate in the
Dodge State Prison in Chester, Georgia (ECF No. 1). Petitioner challenges his 2002
conviction and sentence from the Superior Court of Houston County, Georgia. ECF No.
1 at 1. Petitioner also seeks leave to proceed in forma pauperis (ECF No. 2). Petitioner
has not, however, provided the Court with “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 [prison].” R. 3(a)(2), Rules Governing § 2254
Cases. Without this, the Court cannot determine if Petitioner qualifies to proceed without
payment of the $5.00 filing fee.
Petitioner is therefore ORDERED either to pay the Court’s $5.00 filing fee in full
or to provide the Court with this information within FOURTEEN (14) DAYS of the date
of this Order. The Clerk is DIRECTED to send Petitioner the appropriate form, marked
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with the case number for the above-captioned case, that he should use for this purpose.
Petitioner is also advised to notify the Court in writing of any change of address. Failure
to comply with this Order may result in the dismissal of Petitioner’s application.
There will be no service of process in this case until further order of the Court.
SO ORDERED, this 27th day of October, 2025.

s/ Charles H. Weigle
Charles H. Weigle
United States Magistrate Judge

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