Opinion
No. 2:05-CV-0113.
May 24, 2005
REPORT AND RECOMMENDATION TO DISMISS FOR FAILURE TO PAY FILING FEE
On April 4, 2005, petitioner CHRISTOPHER W. BUNCH filed a Petition for a Writ of Habeas Corpus by a Person in State Custody with the Northern District Court, Wichita Falls Division. On April 12, 2005, the case was transferred to this Court. Petitioner did not submit with his habeas application any payment to satisfy the requisite filing fee, nor did he submit an Application to Proceed In Forma Pauperis or a certified in forma pauperis data sheet from the institution in which he is confined.
On April 14, 2005, the undersigned granted petitioner BUNCH permission to proceed in forma pauperis temporarily, pending submission of an Application to Proceed In Forma Pauperis and a certified in forma pauperis data sheet from the penal institution in which he is incarcerated or, alternatively, receipt of the $5.00 filing fee. Petitioner was given twenty (20) days in which to comply with the Court's order. On April 29, 2005, petitioner notified the Court that he had sent to the Wichita Falls division, along with his original habeas application, the filing fee by way of money order. A review of the docket sheet in the Wichita Falls case number 7:05-CV-0069, does not reflect such filing fee was ever received. Petitioner was also admonished, in the April 14, 2005 order, that failure to properly supplement or pay the filing fee within the time allowed would result in an immediate recommendation for the dismissal of this case without further notice. It is petitioner's obligation to ensure that the filing fee is submitted to the Court. Because petitioner has failed to comply with a direct order from the Court, it is the opinion of the undersigned that petitioner's case should be dismissed.
RECOMMENDATION
It is the RECOMMENDATION of the United States Magistrate Judge to the United States District Judge that the habeas application filed by petitioner CHRISTOPHER W. BUNCH 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.