Opinion
2:04-CV-0304.
May 6, 2005
REPORT AND RECOMMENDATION TO DENY PAUPER STATUS AND DISMISS FOR FAILURE TO PAY FILING FEE
Plaintiff DODSON LUGENE BALLARD, acting pro se and while a prisoner incarcerated in the Texas Department of Criminal Justice, Correctional Institutions Division, has filed suit pursuant to Title 42, United States Code, Section 1983 complaining against the above-named defendants and has submitted an application to proceed in forma pauperis.
Plaintiff's I.F.P. Data Sheet shows plaintiff consistently maintains a balance of over $500.00 in his inmate trust account and had a current balance of $528.78 at the time he filed this suit. Further, by his Application to Proceed In Forma Pauperis, plaintiff avers vehicles and two "trail house." Plaintiff's financial disclosures demonstrate he is not eligible to proceed in forma pauperis.
For the reasons set forth above, it is the RECOMMENDATION of the Magistrate Judge to the United States District Judge that plaintiff's request to proceed in forma pauperis be denied and that the instant cause be dismissed for failure to pay the requisite filing fee.
IT IS SO RECOMMENDED.
Permission to proceed in forma pauperis is granted temporarily and solely for the purpose of allowing a Report and Recommendation to issue and be considered by the United States District Judge.
Plaintiff is advised that if he pays the $150.00 filing fee within fourteen (14) days after the filing date hereof, this Report and Recommendation of dismissal will be withdrawn.
IT IS SO ORDERED.