Opinion
CASE NO. 2:14-CV-10414
01-31-2014
MCARTHUR TAYLOR, Petitioner, v. STEVEN RIVARD, Respondent.
HONORABLE GERSHWIN A. DRAIN
OPINION AND ORDER DENYING APPLICATION TO PROCEED IN FORMA
PAUPERIS AND DISMISSING HABEAS PETITION WITHOUT PREJUDICE
Michigan prisoner McArthur Taylor ("Petitioner") has submitted a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 and an application to proceed in forma pauperis. Petitioner's certificate of prisoner institutional/trust fund account activity states that he had a current spendable account balance of $105.26 in his prison account as of December 18, 2013 when an administrative officer of the Michigan Department of Corrections certified his financial statement. The Court concludes from the financial data that Petitioner has not established indigence and that he should be able to pay the $5.00 filing fee for this action. Accordingly, the Court DENIES Petitioner's application to proceed in forma pauperis and DISMISSES WITHOUT PREJUDICE the petition for writ of habeas corpus. Petitioner may file a new action with payment of the $5.00 filing fee.
IT IS SO ORDERED.
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GERSHWIN A. DRAIN
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court's ECF System to their respective email or First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on January 31, 2014.
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TANYA R.BANKSTON
Case Manager & Deputy Clerk