Opinion
Case No. CV411-196.
September 2, 2011
ORDER
Charles Dixon, a state prisoner confined at the Wilcox State Prison in Abbeville, Georgia, has filed a 28 U.S.C. § 2254 petition along with a motion seeking leave to proceed in forma pauperis ("IFP"). (Docs. 1 2.) The Court mistakenly treated Dixon's case as one brought pursuant to 42 U.S.C. § 1983, advising him that he would be forced to pay the $350 civil filing fee in installments pursuant to 28 U.S.C. § 1915(b). (Doc. 3.) Dixon brought this to the Court's attention in his "motion to correct proceedings." (Doc. 6.) He correctly states that he is only required to pay a $5 filing fee for a state habeas petition. ( Id.); see 28 U.S.C. § 1914(a) ($5 filing fee for habeas corpus). The Court GRANTS Dixon's motion and hereby VACATES its IFP order. (Doc. 3.)
Dixon, who is not represented by counsel, endeavors to attack a life sentence entered by the Chatham County Superior Court in July 2000. (Doc. 1 at 3.) While he claims he is indigent, he had $95 in his account at the time of filing. (Doc. 2 at 2.) His prisoner trust fund account statement shows that he has averaged $157.17 in monthly deposits during the last six months. (Doc. 4.) The Court therefore DENIES Dixon's request to proceed IFP. He is ORDERED to pay the $5 filing fee within 30 days or face the dismissal of this action.