Opinion
CASE NO. 5:08cv164-RS/AK.
May 23, 2008
ORDER
This cause is before the Court on Petitioner's petition for § 2241 relief, Doc. 1, and motion for leave to proceed in forma pauperis. Doc. 2. A review of the IFP motion and attached inmate account shows both an average account balance and average monthly deposits which exceed $25.00. Under those circumstances, Petitioner is not entitled to proceed IFP but must instead pay the $5.00 filing fee. Review of Petitioner's petition will be deferred until the $5.00 filing fee is paid.
Accordingly, it is ORDERED:
That the application for leave to proceed IFP, Doc. 2, is DENIED;
That Petitioner shall have until June 24, 2008, to pay the $5.00 filing fee;
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.