Robertson v. Dretke

Full title: LLOYD ORVILLE ROBERTSON, Petitioner, v. DOUGLAS DRETKE, Director, Texas…

Court: United States District Court, N.D. Texas, Amarillo Division

Date published: Jan 7, 2005

2:04-CV-0341 (N.D. Tex. Jan. 7, 2005)

Opinion

2:04-CV-0341.

January 7, 2005

REPORT AND RECOMMENDATION TO DENY APPLICATION TO PROCEED IN FORMA PAUPERIS and TO DISMISS FOR FAILURE TO PAY FILING FEE

CLINTON AVERITTE, Magistrate Judge

Petitioner LLOYD ORVILLE ROBERTSON has filed with this Court a Petition for a Writ of Habeas Corpus by a Person in State Custody. Petitioner did not submit with his habeas application any payment to satisfy the requisite filing fee but, instead, submitted an Application to Proceed In Forma Pauperis and a certified in forma pauperis data sheet from the institution in which he is confined. By his request, petitioner seeks permission to proceed with this action without first being required to pre-pay fees and costs or otherwise being required to give security therefor.

In his application, petitioner states he has received, within the previous 12 months, $108.00 from family or friends. Petitioner also advises he owns cash, or money in a checking or savings account, including funds in prison accounts, in the amount of $52.39. Petitioner's data sheet confirms petitioner's receipt of deposits totaling $108.00 during the three-month period prior to the filing of his petition and a balance of $52.39 in petitioner's inmate trust account.

Petitioner does not qualify for a grant of pauper's status. Petitioner possesses, has possessed, or has had access to, the funds needed to pay the $5.00 filing fee in the instant cause and should have included such payment with the submission of his application or subsequent to such submission.

RECOMMENDATION

It is the RECOMMENDATION of the United States Magistrate Judge to the United States District Judge that petitioner's "Application to Proceed In Forma Pauperis" be DENIED. It is the further RECOMMENDATION of the Magistrate Judge that the habeas application filed by petitioner LLOYD ORVILLE ROBERTSON 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.