Opinion
CASE NO. 5:08cv337-RH/AK.
December 9, 2008
ORDER
This matter is before the Court on Doc. 5, Motion for Leave to Proceed in forma pauperis, by Tyrone Baker. A review of Petitioner's inmate account statement reveals that he has the funds to pay the $5.00 filing fee, in that his average deposits for the last six months is more than $25.00 per month and his current balance exceeds $25.00 as well. Further review of Petitioner's petition will be deferred until the $5.00 filing fee is paid.
Accordingly, it is ORDERED:
1. Petitioner's motion to proceed in forma pauperis, Document 5, is DENIED.
2. Petitioner shall have until January 12, 2009, to submit the $5.00 filing fee to the Clerk of Court.
3. Failure to respond to this order as instructed will result in a recommendation of dismissal of this action for failure to prosecute and failure to comply with an order of this Court.
DONE AND ORDERED