Opinion
Civil No. 5:07cv159.
December 17, 2007
ORDER GRANTING IN FORMA PAUPERIS BUT REQUIRING PETITIONER TO PAY THE $5.00 FILING FEE
On December 5, 2007, the pro se petitioner initiated this case by filing a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241. On December 13, 2007, the petitioner filed a Motion for Leave to Proceed in forma pauperis. On December 14, 2007, following an inquiry by the pro se law clerk to the prison, the Court received a copy of the petitioner's Prisoner Trust Fund Account Statement with ledger sheets.
All litigants are required to pay the costs and fees associated with civil lawsuits unless their financial condition warrants a grant of in forma pauperis status pursuant to 28 U.S.C. § 1915. On December 3, 2007, the date the petitioner signed his petition, he had $17.67 in his prisoner trust account. Furthermore, his previous six months deposits total $751.68, for an average of more than $125 per month. In addition, his average daily balance for the previous six months was $135.08, while his average balance for the previous thirty days was $68.02, with a maximum balance during that period of $178.07.
Accordingly, the petitioner is GRANTED in forma pauperis status. However, because petitioner's trust account history reflects that he has income sufficient to pay the required filing fee, petitioner will be required to pay the $5.00 filing fee within thirty (30) days from the date of this Order. Failure to pay the $5.00 fee within the required time period will result in a recommendation that his case be dismissed.
IT IS SO ORDERED.
The Clerk is directed to send a copy of this Order to the pro se petitioner by certified mail, return receipt requested, to his last know address as reflected on the docket sheet.