BRUYERE v. DISMAS CHARITIES INC

M.D. Georgia

BRUYERE v. DISMAS CHARITIES INC

DecidedMay 28, 2025

Docket5:25-cv-00182

StatusUnknown

This text of BRUYERE v. DISMAS CHARITIES INC (BRUYERE v. DISMAS CHARITIES INC) is published on Counsel Stack Legal Research, covering District Court, M.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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BRUYERE v. DISMAS CHARITIES INC, (M.D. Ga. 2025).

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

MICHAEL DE LA BRUYERE, : : Petitioner, : : VS. : : NO. 5:25-cv-00182-MTT-CHW DISMAS CHARITIES INC., : : Respondent. : _________________________________

ORDER

Petitioner Michael De La Bruyere, who is currently in pre-release custody at Dismas Charities in Macon, Georgia, has filed a petition for writ of habeas corpus under 28 U.S.C. § 2241. ECF No. 1. Petitioner, however, has not used the required 28 U.S.C. § 2241 form and he has not paid the $5.00 filing fee or moved to proceed in forma pauperis. Petitioner must complete the enclosed § 2241 form in full, including all information regarding any steps that he has taken to exhaust his administrative remedies as to his claims. See Fleming v. Warden of F.C.I. Tallahassee, 631 F. App’x 840, 842-43 (11th Cir. 2015) (per curiam) (holding that a federal prisoner’s § 2241 claims were properly denied where she failed to demonstrate that she had exhausted her administrative remedies for those claims). Petitioner must also either pay the $5.00 filing fee or file an application requesting leave to proceed in forma pauperis, which must include “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 [facility].” Habeas Corpus R. 3(a)(2). In conclusion, Petitioner is ORDERED to complete IN FULL the attached § 2241 and a certificate “showing the amount of money or securities that [he] has in any account

in the [facility].” Petitioner shall have FOURTEEN (14) DAYS from the date shown on this Order to comply and his failure to do so may result in the dismissal of this action. The Clerk of Court is DIRECTED to forward the appropriate § 2241 petition and in forma pauperis forms (all showing this civil action number) to Petitioner along with a copy of this Order.

SO ORDERED and DIRECTED, this 28th day of May, 2025.

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

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

MICHAEL DE LA BRUYERE, : : Petitioner, : : VS. : : NO. 5:25-cv-00182-MTT-CHW DISMAS CHARITIES INC., : : Respondent. : _________________________________

ORDER

Petitioner Michael De La Bruyere, who is currently in pre-release custody at Dismas Charities in Macon, Georgia, has filed a petition for writ of habeas corpus under 28 U.S.C. § 2241. ECF No. 1. Petitioner, however, has not used the required 28 U.S.C. § 2241 form and he has not paid the $5.00 filing fee or moved to proceed in forma pauperis. Petitioner must complete the enclosed § 2241 form in full, including all information regarding any steps that he has taken to exhaust his administrative remedies as to his claims. See Fleming v. Warden of F.C.I. Tallahassee, 631 F. App’x 840, 842-43 (11th Cir. 2015) (per curiam) (holding that a federal prisoner’s § 2241 claims were properly denied where she failed to demonstrate that she had exhausted her administrative remedies for those claims). Petitioner must also either pay the $5.00 filing fee or file an application requesting leave to proceed in forma pauperis, which must include “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 [facility].” Habeas Corpus R. 3(a)(2). In conclusion, Petitioner is ORDERED to complete IN FULL the attached § 2241 and a certificate “showing the amount of money or securities that [he] has in any account

in the [facility].” Petitioner shall have FOURTEEN (14) DAYS from the date shown on this Order to comply and his failure to do so may result in the dismissal of this action. The Clerk of Court is DIRECTED to forward the appropriate § 2241 petition and in forma pauperis forms (all showing this civil action number) to Petitioner along with a copy of this Order.

SO ORDERED and DIRECTED, this 28th day of May, 2025.

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

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