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Fitzgerald v. Malfi

United States District Court, E.D. California
Feb 27, 2006
1:05-CV-1641 AWI WMW HC, (Document #2) (E.D. Cal. Feb. 27, 2006)

Opinion

1:05-CV-1641 AWI WMW HC, (Document #2).

February 27, 2006


ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS


Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

On December 21, 2005, Petitioner filed an Application to Proceed In Forma Pauperis and a certified copy of his prison trust account statement. Examination of these documents reveals that Petitioner is able to afford the costs of this action. Specifically, six months prior to filing, Petitioner has had an average balance of $89.43 in his account. His current balance is $109.98.

Accordingly, the motion to proceed in forma pauperis is DENIED.See 28 U.S.C. § 1915. Petitioner is ORDERED to pay the five dollar ($5.00) filing fee within thirty (30) days of the date of service of this order. Failure to follow this order may result in a recommendation that the Petition be dismissed pursuant to Local Rule 11-110.

IT IS SO ORDERED.


Summaries of

Fitzgerald v. Malfi

United States District Court, E.D. California
Feb 27, 2006
1:05-CV-1641 AWI WMW HC, (Document #2) (E.D. Cal. Feb. 27, 2006)
Case details for

Fitzgerald v. Malfi

Case Details

Full title:BENJAMIN FITZGERALD, Petitioner, v. ANTHONY J. MALFI, et al., Respondents

Court:United States District Court, E.D. California

Date published: Feb 27, 2006

Citations

1:05-CV-1641 AWI WMW HC, (Document #2) (E.D. Cal. Feb. 27, 2006)