Burks v. Wilkin et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
SERINA S. BURKS,
Petitioner,
v.
Civ No. 25-0710-KG-SCY
CARL WILKIN, et al,
Respondents.
ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS
This matter is before the Court on Petitioner’s Motion to Proceed In Forma Pauperis.
(Doc. 2) (Motion). Petitioner is a state prisoner and is proceeding pro se. She seeks to prosecute
her 28 U.S.C. § 2254 habeas petition without prepaying the $5.00 habeas filing fee. The Motion
is deficient because it does not attach a certified copy of Petitioner’s inmate account statement.
See Habeas Corpus Rule 3(a)(2) (requiring courts to consider the final account balance to determine
if a petitioner can afford the $5.00 fee). The Court previously directed Petitioner to file the inmate
account statement by November 8, 2025. (Doc. 3). The Order warns that the failure to timely
comply may result in denial of in forma pauperis relief and/or dismissal of this case.
Petitioner did not comply or show cause for her failure to file an account statement.
However, it appears that this is Petitioner’s only chance to pursue a timely Section 2254 claim
based on the one-year habeas limitation period. See 28 U.S.C. § 2244 (a habeas petition must
generally be filed within one year after the criminal judgment becomes final). For that reason, the
Court will deny the Motion, rather than dismissing at this stage. Within thirty (30) days of entry
of this Order, Petitioner must pay the $5.00 habeas filing fee. The failure to timely comply will
result in dismissal of this case without further notice, and any future Section 2254 petitions will
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likely be time-barred.
IT IS ORDERED:
1. Petitioner’s Motion to Proceed In Forma Pauperis (Doc. 2) is denied.
2. Petitioner must pay the $5.00 filing fee within thirty (30) days of entry of this Order.
/s/Kenneth J. Gonzales___________________
CHIEF UNITED STATES DISTRICT JUDGE
• Please note that this document has been
electronically filed. To verify its authenticity,
please refer to the Digital File Stamp on the
NEF (Notice of Electronic Filing)
accompanying this document.
Electronically filed documents can be found
on the Court’s PACER public access system.
Case 1:25-cv-00710-KG-SCY Document 4 Filed 12/09/25 Page 2 of 2