Opinion
No. 2:05-CV-0143.
May 26, 2005
REPORT AND RECOMMENDATION TO DENY APPLICATION TO PROCEED IN FORMA PAUPERIS and TO DISMISS FOR FAILURE TO PAY FILING FEE
On May 23, 2005, petitioner ERVIN STERLING BROWN, a.k.a. Ervin Sterling Brown, Jr., filed with this Court a Petition for a Writ of Habeas Corpus by a Person in State Custody. Petitioner did not submit with his habeas application any payment to satisfy the requisite filing fee, but, instead, submitted an Application to Proceed In Forma Pauperis along with a certified in forma pauperis data sheet from the institution in which he is confined.
Petitioner's data sheet reflects receipt of deposits totaling $107.22 during the six-month period prior to the filing of his petition. The data sheet also reflects petitioner has maintained an average balance of $16.73 for the six months prior to his filing, with an average deposit per month of $17.87. Petitioner's current balance is reflected as $50.22.
Petitioner does not qualify for a grant of pauper's status. Petitioner possesses, has possessed, or has had access to, the funds needed to pay the $5.00 filing fee in the instant cause and should have included such payment with the submission of his application or subsequent to such submission.
RECOMMENDATION
It is the RECOMMENDATION of the United States Magistrate Judge to the United States District Judge that petitioner's request to proceed in forma pauperis be DENIED. It is the further RECOMMENDATION of the Magistrate Judge that the habeas application filed by petitioner ERVIN STERLING BROWN be DISMISSED for failure to pay the $5.00 filing fee.
INSTRUCTIONS FOR SERVICE
The United States District Clerk is directed to send a file-marked copy of this Report and Recommendation to petitioner by the most efficient means available.
IT IS SO RECOMMENDED.