Opinion
4:21-CV-158
01-27-2021
BENNIE ADAMS Petitioner, v. LASHANN EPPINGER, WARDEN, Respondent.
JAMES S. GWIN, JUDGE
REPORT & RECOMMENDATION
(Doc. No. 4.)
Jonathan D. Greenberg United States Magistrate Judge
This 28 U.S.C. § 2254 petition is before the magistrate judge pursuant to Local Rule 72.2(b)(2). Before the Court is the petition for habeas corpus relief pursuant to 28 U.S.C. § 2254, filed by Petitioner Bennie Adams (“Petitioner” or “Adams”). (Doc. No. 1.) Currently pending is Petitioner's Motion to Proceed In Forma Pauperis. (Doc. No. 4.)
The decision whether to permit a litigant to proceed IFP is within the Court's discretion. Monti v. McKeon, 600 F.Supp. 112, 113 (D. Conn.), aff'd, 788 F.2d (2d Cir. 1985) (Table Decision). See also Westberry v. Erfe, No. 3:17-cv-965 (VLB), 2017 WL 11552983, at *1 (D. Conn. Aug. 9, 2017) (denying motion to proceed IFP in habeas case) (citing Rowland v. Cal. Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 217-18 (1993) and Monti, 600 F.Supp. at 113.)
The Trumbull Correctional Institution Inmate Demand Statement reflects that as of January 20, 2021, Petitioner's account balance was $789.10. (Doc. No. 4 at 12.)
Petitioner's Application reflects his prisoner account contains $616.00/ and that the average balance in his account over the last six months was $524.18. (Doc. No. 4 at 5, 12-16.) Petitioner's resources are thus more than sufficient to expect him to bear the cost of filing a habeas corpus action, which amounts to $5.00.
Accordingly, it is recommended Petitioner's Application be denied and he be ordered to pay the filing fee of $5.00 within fourteen (14) days of the date of an Order adopting this recommendation.
OBJECTIONS
Any objections to this Report and Recommendation must be filed with the Clerk of Court within fourteen (14) days after the party objecting has been served with a copy of this Report and Recommendation. 28 U.S.C. § 636(b)(1). Failure to file objections within the specified time may waive the right to appeal the District Court's order. See United States v. Walters , 638 F.2d 947 (6th Cir. 1981); Thomas v. Arn , 474 U.S. 140 (1985), reh'g denied , 474 U.S. 1111 (1986).