Opinion
CASE NO. 1:08cv229-MMP/AK.
December 9, 2008
ORDER
This matter is before the Court on Doc. 4, Motion for Leave to Proceed in forma pauperis, by Robert A. Hull. A review of his inmate account statement reveals that Petitioner has the funds to pay the $5.00 filing fee, in that his average balance and deposits for the last six months is more than $25.00 per month. Further review of Petitioner's petition will be deferred until the $5.00 filing fee is paid.
Accordingly, it is ORDERED:
1. Petitioner's motion to proceed in forma pauperis, Document 4, is DENIED.
2. Petitioner shall have until January 9, 2009, to submit the $5.00 filing fee to the Clerk of Court.
3. Failure to respond to this order as instructed will result in a recommendation of dismissal of this action for failure to prosecute and failure to comply with an order of this Court.
DONE AND ORDERED.