Opinion
No. 2:05-CV-0061.
April 28, 2005
REPORT AND RECOMMENDATION TO DISMISS FOR FAILURE TO PAY FILING FEE
On February 24, 2005, petitioner MONSHON McGARRAH filed with this Court a Petition for a Writ of Habeas Corpus by a Person in State Custody. By his habeas application, petitioner appears to challenge a prison disciplinary proceeding conducted at the Roach Unit in Childress County, Texas.
Petitioner did not submit with his habeas petition any payment to satisfy the requisite filing fee, nor did petitioner submit an Application to Proceed In Forma Pauperis. Instead, petitioner submitted a certified in forma pauperis data sheet, and what appears to be an incomplete Form 1-25 entitled "Inmate Request for Withdrawal." On March 25, 2005, this Court entered an Order granting petitioner permission to proceed in forma pauperis temporarily, pending either payment of the $5.00 filing fee or submission of an Application to Proceed In Forma Pauperis. Petitioner was given twenty (20) days from the date of the Court's Order in which to properly supplement or pay the filing fee.
As of this date, petitioner has failed to comply with the Court's Order by paying the $5.00 filing fee or submitting an Application to Proceed In Forma Pauperis. Moreover, petitioner was admonished that, "The failure of petitioner to properly supplement or pay the filing fee within the time allowed by this Order, will result in an immediate recommendation for the dismissal of this case without further notice." Because of petitioner's failure to comply with a direct order from the Court, it is the opinion of the undersigned that petitioner's case should be dismissed.
RECOMMENDATION
It is the RECOMMENDATION of the Magistrate Judge that the habeas application filed by petitioner MONSHON McGARRAH be DISMISSED for failure to pay the $5.00 filing fee.
INSTRUCTIONS FOR SERVICE
The United States District Clerk is directed to send a file-marked copy of this Report and Recommendation to petitioner by the most efficient means available.
IT IS SO RECOMMENDED.