Opinion
No. 2:05-CV-0054.
March 4, 2005
REPORT AND RECOMMENDATION TO DENY PAUPER STATUS AND DISMISS FOR FAILURE TO PAY FILING FEE
The instant cause was originally filed in the United States District Court for the Northern District of Texas, Dallas Division, and was transferred to the United States District Court for the Northern District of Texas, Amarillo Division, on February 15, 2005.
Plaintiff ANTONIO RENAULD HENDERSON, acting pro se and while a prisoner incarcerated in the Texas Department of Criminal Justice, Correctional Institution Division, has filed suit pursuant to Title 42, United States Code, Section 1983 complaining against the above-named defendants and has submitted an application to proceed in forma pauperis.
Plaintiff has not submitted an I.F.P. Data Sheet certified as accurate by prison officials showing the history of his inmate trust account for the six-month period prior to filing this suit and, therefore, has not made sufficient financial disclosure to support a grant of the requested relief. Nevertheless, plaintiff does aver in his Application that he receives money from family and friends and had $733.38 on 12-29-04, six days after the filing of his original complaint in this cause. Plaintiff has also included the following quote from Jones v. Zimmerman, 752 F.2d 76, 79 (3d Cir. 1985): filing fee waived when payment would force prisoner to surrender amenities of prison life. Plaintiff clearly had sufficient funds to both provide himself with the "amenities of prison life" and satisfy the $150.00 filing fee. Plaintiff's sworn statement that he had a $733.38 balance demonstrates he is not eligible to proceed in forma pauperis.
The instant cause was filed before the February 7, 2005 increase in the filing fee.
For the reasons set forth above, it is the RECOMMENDATION of the Magistrate Judge to the United States District Judge that plaintiff's request to proceed in forma pauperis be denied and that the instant cause be dismissed for failure to pay the requisite filing fee.
IT IS SO RECOMMENDED.
Permission to proceed in forma pauperis is granted temporarily and solely for the purpose of allowing a Report and Recommendation to issue and be considered by the United States District Judge.
Plaintiff is advised that if he pays the $150.00 filing fee within fourteen (14) days after the filing date hereof, this Report and Recommendation of dismissal will be withdrawn.
IT IS SO ORDERED.