Petition for Writ of Certiorari — Mario Ray Childs, Petitioner v. Jeff Tanner, Warden

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IN THE

SUPREME COURT OF THE UNITED STATES

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MARIO RAY CHILDS- PETITIONER

VS.

JEFF TANNER, Warden - RESPONDENT

MOTION FOR LEAVE TO PROCEED INFORMA PAUPERIS

The petitioner asks leave to file the attached petition for a writ of certiorari

without prepayment of costs and to proceed in forma pauperis.

[X] Petitioner has previously been granted leave to proceed in forma pauperis

in the following courts: NONE.

Petitioner’s affidavit or declaration in support of this motion is attached

hereto.

Respectfully submitted,

Childs___

Mario Ray Childs, #132248

Date: November 14, 2024

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AFFIDAVIT OR DECLARATION

IN SUPPORT OF MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS

I, Mario Ray Childs, am the petitioner in the above-entitled case. In support of my

motion to proceed in forma pauperis, I state that because of my poverty I am unable to pay

the costs of this case or to give security therefor; and I believe I am entitled to redress.

1. For both you and your spouse estimate the average amount of money received from each

of the following sources during the past 12 months. Adjust any amount that was received

weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Use gross

amounts, that is, amounts before deductions for taxes or otherwise.

Income source

Average monthly amount during

the past 12 months

You

Amount expected

next month

Spouse

You

Spouse

Employment

$

0.00

$ N/A

$__ 0

$

N/A

Self-employment

$

0.00

$

N/A

$__ 0

$

N/A

Income from real property

(such as rental income)

$

0.00

$

N/A

$__ 0

$

N/A

Interest and dividends

$

0.00

$

N/A

$__ 0

$

N/A

Gifts

S

0.00

$

N/A

$__ 0

S

N/A

Alimony

$

0.00

$

N/A

$__ 0

$

N/A

Child Support

$

0.00

$

N/A

$__ 0

$

N/A

Retirement (such as social $

security, pensions,

annuities, insurance)

0.00

$

N/A

$___0

$

N/A

Disability (such as social

$

security, insurance payments)

0.00

$

N/A

$___ 0

S

N/A

Unemployment payments

$ 0,00

$

N/A

$___ 0

$ N/A

Public-assistance

(such as welfare)

$

0.00

$

N/A

$___ 0

$ N/A

Other (specify):

$ 0.00

$

N/A

$

0

Total monthly income:

S 0.00

$ N/A

$

0.00

1

$___N/A.

$

N/A

2. List your employment history for the past two years, most recent first. (Gross monthly

pay is before taxes or other deductions.)

Employer

monthly pay

Address

Dates of Employment

Gross

None

$ 0.00

3. List your spouse’s employment history for the past two years, most recent employer first.

(Gross monthly pay is before taxes or other deductions.)

Employer

monthly pay

Address

Dates of Employment

Gross

None

1

$ 0.00

4. How much cash do you and your spouse have? $

0,00_____

Below, state any money you or your spouse have in bank accounts or in any other financial

institution.

Financial institution: Type of account

has

Amount you have

None

$

Amount your spouse

0.00

$

5. List the assets, and their values, which you own or your spouse owns.

clothing and ordinary household furnishings.

□ Home

Value

N/A

Do not list

□ Other real estate

Value 0.00

None

□ Motor Vehicle #1

Year, make & model None

Value 0.00_________

□ Motor Vehicle #2

Year, make & model

Value 0.00_____

□ Other assets

Description None

Value

0.00

6. State every person, business, or organization owing you or your spouse money, and the

amount owed.

Person owing you or your spouse money

spouse

Amount owed to you

None

$

2

0.00

Amount

$.

owed

to

0.00

your

(j

7. State the persons who rely on your spouse for support.

Name

Relationship

Age

None

8. Estimate the average monthly expenses of you and your family. Show separately the

amounts paid by your spouse. Adjust any payments that are made weekly, biweekly,

quarterly, or annually to show the monthly rate.

Rent or home-mortgage payment

(include lot rented for mobile home)

Are real estate taxes included?

Is property insurance included?

You

Your spouse

$ 0.00

$

N/A

□ yes a no

□ yes □ no

Utilities (electricity, heating fuel,

water, sewer, and telephone)

$

0.00

$

N/A

Home maintenance (repairs and upkeep)

$

0.00

$

N/A

Food

$

0.00

$

N/A

Clothing

$

0.00

$

N/A

Laundry and dry-cleaning

$

0.00

$

N/A

Medical and dental expenses

$

0.00

$

N/A

You

Your Spouse

Transportation (not including motor vehicle payments) £

0.00

$ N/A

Recreation, entertainment, newspapers, magazines, etc. $

0,00

$

N/A

Insurance (not deducted from wages or included in mortgage payments)

Homeowner’s or renter’s

$

0.00

£

N/A

Life

$

0.00

£

N/A

Health

$

0.00

£

N/A

Motor Vehicle

$

0.00

$

N/A

£

0.00

$.

N/A

Taxes (not deducted from wages or included in mortgage payments)

(specify):

£

0.00

£

N/A

Other:

NONE

3

a

Installment payments

Motor Vehicle

$

0.00

$ N/A

Credit card(s)

$

0.00

$ N/A

Department store(s)

$

0.00

$ N/A

Other:

NONE

$

0.00

$ N/A

Alimony, maintenance, and support paid to others

$ .

0.00

$

N/A

Regular expenses for operation of business, profession,

or farm (attach detailed statement)

$

0.00

$

N/A

Other (specify):

$

0.00

$

N/A

$

0.00

$.

N/A

NONE

Total monthly expenses:

9. Do you expect any major changes to your monthly income or expenses or in your assets

or liabilities during the next 12 months?

□ yes 0 no

If yes, describe on an attached sheet.

10. Have you paid - or will you be paying - an attorney any money for services in

connection with this case, including the completion of this form? □ yes 0 no

If yes, how much?

If yes, state the attorney’s name, address, and telephone number:

11. Have you paid - or will you be paying - anyone other than an attorney (such as a

paralegal or a typist) any money for services in connection with this case, including the

completion of this form?

□ yes 0 no

12. Provide any other information that will help explain why you cannot pay the costs of

this case.

I am currently incarcerated at the Macomb Correctional Facility, at 34625 26 Mile

Road, Lenox Township, Michigan, 48048, and I do not have any source of income. I have no

other assets, real or otherwise, which would defray the cost of filing this action.

I declare under penalty of perjury that the foregoing is true and correct.

Date: November 14, 2024

aUlUs

Mario Ray Childs, #132248

4

STATE OF MICHIGAN

CERTIFICATE OF PRISONER ACCOUNT ACTIVITY

AND AFFIDAVIT REGARDING SUSPENSION OF PRISONER FEES/COSTS

Prisoner-Plaintiff/Petitioner/Appellant name and number

Defendant’s/Respondent’s/Appellee’s name

MARIO RAY CHILDS, #132248

JEFF TANNER, WARDEN

v

CERTIFICATE OF PRISONER ACCOUNT ACTIVITY

I am employed by the Michigan Department of Corrections at the facility identified below, at which

the prisoner identified as the Plaintiff/Petitioner/Appellant is currently incarcerated.

Attached is a computer printout which accurately reflects the current spendable balance and all activity

within this prisoner’s account during the preceding twelve months or, if the prisoner has been

incarcerated for less than twelve months, for the period of incarceration. Code "C” on the printout

represents a withdrawal from the account and code “D” represents a deposit to the account. The

attached printout reflects, for the reported period, an average monthly account deposit (i.e., total

deposits divided by number of months) of $25.62 and an average monthly account balance (i.e., total

deposits minus total withdrawals divided by number of months) of $-.09. There is a current spendable

account balance of $.31.

Date:

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Acc4 Tfcll

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Signature/Title

(VWot'wV)

Ooffechonai

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Correctional Facility

Note: Bottom section to be completed by prisoner and sent by prisoner to a Michigan court

along with State civil pleading/claim of appeal.

AFFIDAVIT REGARDING SUSPENSION OF PRISONER FEES/COSTS

1.

I am the Plaintiff/Respondent/Appellant in the attached pleading/petition/claim of appeal.

2.

I am asking the court for suspension of filing fees and costs because l am indigent as reflected

in the Certificate of Prisoner Account Activity and attached computer print-out.

/%l/va (Lh!Ids

Prisoner’s Signature

Subscribed and sworn to before me, a Notary Public,

this

id

day of

My Commission Expires:

KELLY B EDWARDS

NOTARY PUBLIC - STATE OF MICHIGAN

COUNTY OF SANILAC

My Commission Expires September 09, 2029

Acting in the County of

CSJ-276 7/07

Page 1

Daily Transaction Summary: November 12, 2023 - November 12, 2024

Offender Name: CHILDS, MARIO RAY

Cell: 009

Housing Facility: MRF

Tier: A

Account Status: Open

IfjrimarytTrusttTransactlons,

Date

Living Unit: HU#3

Institution: MRF

Offender Number: 0132248

Primary Balance:

$3.01

Available Balance:

$0.31

Bed: Bot

J

Transaction Type

Voucher Number

Payer / Paid To

Deposit

Expense

$4.12

11/12/2023

I 11/15/2023 08:29

11/29/2023 23:21

| 12/14/2023 08:15

12/27/2023 23:25

l 01/16/2024 09:31

01/23/2024 23:28

l 02/14/2024 09:38

Commissary Sale

MRF-lnstitutional Services

500 - Institutional Services

Keefe Commissary!

MRF-lnstitutional Services

500 - Institutional Services

Commissary Sale

Keefe Commissary,

MRF-lnstitutional Services

500 - Institutional Services

Commissary Sale

Keefe Commissary

MRF-lnstitutional Services

500 - Institutional Services

i

Commissary Sale

Keefe Commissary

l 02/29/2024 04:00

LEGAL POSTAGE - PBF

MRF PBF Postage;______

02/20/2024 23:32

Balance Loc Code

03/14/2024 09:24

MRF-lnstitutional Services

500 - Institutional Services

03/19/2024 23:36

Commissary Sale

Keefe Commissary

03/31/2024 04:00

DENTAL CO-PAY

$30.16 MRF

$26.04

($27.43)

C154836

$25.20

($21.54)

C197691

$26.04

$26.04

C279898

$6.39 MRF

$32.43 MRF

($28.92)

C237125

$2.73 MRF

$27,93 MRF

$3.51 MRF

$29.55 MRF

($25.90)

$3.65 MRF

($0.95)

$2.70 COF

$27.06 MRF

$24.36

($17,14)

$9.92 MRF

HEALTH CARE CO-PAY

($5.00)

$4.92 COF

LEGAL POSTAGE - PBF

MRF PBF Postage,t

($0.68)

$4.24 COF

03/31/2024 04:00

NOTARY

MRF PBF Notary I

($1.00)

$3.24 COF

l 03/31/2024 04:00

03/31/2024 04:00

LEGAL POSTAGE - PBF

MRF PBF Postage-

■ 04/12/2024 09:26

MRF-lnstitutional Services

500 - Institutional Services

I 04/12/2024 16:11

MRF-lnstitutional Services

500 - Institutional Services

04/16/2024 23:35

| 04/30/2024 04:00

Commissary Sale

Keefe Commissary

LEGAL POSTAGE - PBF

MRF PBF Postage;t

C323219

($0.54)

]

$2.70 COF

I

$27.06 MRF

$24.36

$28.74 MRF

$1.68

C364680

($23.55)

$5.19 MRF

($1.33)

$3.86 COF

Dental Co-Pay Disbursement

' "i

500 - Institutional Services

1

Health Care Co-Pay

MRF DEN DOS 041024

($5.00)

Commissary Sale

Keefe Commissary

C425451

($21.30)

MRF-lnstitutional Services

500 - Institutional Services

Commissary Sale

Keefe Commissary

j 07/15/2024 09:50

MRF-lnstitutional Services

500 - Institutional Services

07/23/2024 23:52

f 08/14/2024 09:57

Commissary Sale

Keefe Commissary

MRF-lnstitutional Services

500 - Institutional Services

$26.04

$28.78 MRF

09/16/2024 08:52

l 09/26/2024 ~3:21~

MRF-lnstitutional Services

500 - Institutional Services

$26.04

$54.82 MRF

Legal Stamps

MRF Institutional Services

Legal Stamps

MRF Institutional Services

05/14/2024 09:15

MRF-lnstitutional Services

I 05/14/2024 11:51

05/29/2024 23:37

l 06/14/2024 08:27

06/25/2024 23:45

09/26/2024 13:22

Michigan Department Of Corrections - MRF

i

i

$29.06 MRF

$25.20

$26.04

]

$3.20 MRF

$28.40 MRF

$25.20

($25.66)

C508098

$2.76 MRF

$28,80 MRF

($25.60)

C467998

$24.06 MRF

$2.74 MRF

($9.50)

$45,32 MRF

($10.80)

$34.52 MRF

11/12/202413:06

Daily Transaction Summary (0132248 - MARIO CHILDS cont.): November 12, 2023 - November 12, 2024

Page 2

primary Trust Transactions

Date

Transaction Type

Payer / Paid To

Voucher Number

I 10/03/2024 00:05

Commissary Sale

10/08/2024 23:31

Commissary Sale

Keefe Commissary

I

Keefe Commissary

MRF-lnstitutional Services

500 - Institutional Services

Commissary Sale

Keefe Commissary

10/31/2024 04:00

NOTARY

MRF PBF Notary

10/31/2024 04:00

NOTARY

LEGAL COPIES

l 10/14/2024 09:04

10/30/2024 23:49

[ 10/31/2024 04:00

Deposit

Expense

Balance Loc Code

C610876

($31.32)

$3.20 MRF

C610876

$3.98

$7.18 MRF

$25.20

C652300

$32.38 MRF

($17.37)

$15.01 MRF

($0.50)

($1.50)

$14.51 COF

MRF PBF Notary

MRF PBF Copies

($10.00)

$3.01 COF

$307.44

($308.55)

$3.01

Deposit

Expense

11/12/2024

$13.01 COF

(Savings

Date

Balance Loc Code

11/12/2023

$0.00

No Activity

11/12/2024

$0.00

$0.00

$0.00

friolds «Current as of Date and Time of Report

Date Held

Hold Type

Notes

| 01/17/2023

Obligation

01/17/2023

Obligation

Auto Hold for - 19-002498-01-FC

Auto Hold for - 19-002^98-01-FC AM

Amount

$1,35

$1.35

(Remaining Obligations - Current as of Date and Time of Report

Description

Paid To

Restitution - Court Charges 3rd CIRCUIT COURT WAYNE

- 19-002498-01-FC AM____________________

Restitution - Victim -193RD CIRCUIT COURT WAYNE

002498-01-FC

Max Per

Period

Ordered

Transfer

Outside

Source

Held

Paid

Written Off

Total

Remaining

N/A

$2,238.00

$0.00

$0.00

$1.35

$255.50

N/A

$1,981.15

N/A

$4,944.64

$0.00

$0.00

$1.35

$1,375.47

N/A

$3,567.82

ZciM

Total:

-1 "a

367M 4

5?. (ff e)

30S.S5

$5,548.97

T 1^

- ,0?

Michigan Department Of Corrections - MRF

11/12/2024 13:06