Opinion
23-cv-521-jdp
08-03-2023
JEFFREY L. HINEMAN, Petitioner, v. MICHAEL GIREACH, Respondent.
ORDER
ANDREW R. WISEMAN UNITED STATES MAGISTRATE JUDGE
Petitioner Jeffrey L. Hineman seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner requests leave to proceed without prepayment of the filing fee. Petitioner has supported this request with an affidavit of indigency and a six-month trust account statement from the institution.
In determining whether to allow a prisoner to proceed without prepayment, this court uses the formula set forth in 28 U.S.C. § 1915(b)(1). Using information for the relevant time period from petitioner's trust fund account statement, I find that petitioner is able to pay the filing fee. Accordingly, I will deny petitioner's application for leave to proceed without prepayment of the filing fee. To proceed further on this habeas petition, petitioner must pay the $5 filing fee. If petitioner fails to pay the fee by August 24, 2023, the petition, I will assume that petition wishes to withdraw this petition.
ORDER
IT IS ORDERED that:
1. Petitioner Jeffrey L. Hineman's motion for leave to proceed without prepayment of the filing fee is DENIED. Petitioner has until August 24, 2023 in which to pay the $5 filing fee.
2. If by August 24, 2023 petitioner fails to submit the $5 filing fee, I will assume that petitioner wishes to withdraw this petition.