Opinion
No. 3:02-CV-0668-G
April 12, 2002
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Pursuant to the provisions of 28 U.S.C. § 636 (b) and an Order of the Court in implementation thereof, subject cause has previously been referred to the United States Magistrate Judge. The findings, conclusions, and recommendation of the Magistrate Judge are as follows:
FINDINGS AND CONCLUSIONS
Petitioner, a state inmate currently incarcerated in the Texas Department of Criminal Justice — Institutional Division, has filed a petition for habeas corpus relief pursuant to 28 U.S.C. § 2254. He has also filed an application to proceed in forma pauperis that is accompanied by a computer printout setting forth his trust fund account statement for the six month period immediately preceding the filing of this action, as required by 28 U.S.C. § 1915 (a). After carefully evaluating the trust fund account statement, this Court finds that petitioner has sufficient assets to pay the full filing fee in this action.
Whether to permit or deny an applicant to proceed in forma pauperis is within the sound discretion of the Court. Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988); see also, 28 U.S.C. § 1915 (a) . Courts should make the assessment of financial ability after considering whether payment of the filing fee will result in the petitioner "suffering undue financial hardship." Prows at 140. "This entails a review of other demands on individual plaintiffs' financial resources, including whether the expenses are discretionary or mandatory." Id.
Petitioner's trust fund account statement indicates that his balance at the time of filing this action was $67.43. Petitioner does not indicate that he has any other demands on his financial resources. (See Application in Support.) The Court, therefore, concludes that petitioner will not suffer undue financial hardship after payment of the $5.00 filing fee. See also MISC. ORDER 13.
RECOMMENDATION
For the foregoing reasons, the undersigned Magistrate Judge RECOMMENDS that the Court DENY petitioner's request to proceed in forma pauperis. She further RECOMMENDS that the District Court inform petitioner that his petition will be subject to dismissal without notice, unless he tenders the $5.00 filing fee within thirty (30) days of the District Court's order or obtains an extension of time in which to pay the filing fee.
The Clerk will mail a copy of this recommendation to petitioner.