Opinion
5:08cv158-RS/AK.
September 19, 2008
ORDER
Petitioner has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 and a motion for leave to proceed in forma pauperis. Docs. 1 12. A review of Petitioner's inmate account statement reveals that he has the funds to pay the $5.00 filing fee, in that his present account balance, his average monthly balance, and his average monthly deposits exceed $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 12, is hereby DENIED.
2. Petitioner shall have until October 20, 2008, 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.