Opinion
No. 2:04-CV-0163.
July 13, 2004
REPORT AND RECOMMENDATION
Plaintiff ANH VIET TRAN, acting pro se and while a prisoner confined in the Texas Department of Criminal Justice, Correctional Institutions Division, has filed suit pursuant to Title 42, United States Code, Section 1983, and requests permission to proceed in forma pauperis.
Review of plaintiff's In Forma Pauperis Data Sheet showing the history of plaintiff's inmate trust account for the six-month period preceding filing of suit reveals plaintiff has a current balance of $947.51, with a six-month average balance of $848.70.
It is clear that plaintiff has sufficient funds to satisfy the $150.00 filing fee for the instant suit and does not qualify for pauper status.
CONCLUSION
Plaintiff does not qualify for grant of pauper's status and should be required to pay the filing fee in connection with the filing of this suit.
The Clerk has filed this civil rights suit without prepayment of fees and/or other costs.
Permission to proceed in forma pauperis is granted solely for the purpose of allowing a Report and Recommendation to issue and be considered by the United States District Judge.
It is the RECOMMENDATION of the Magistrate Judge to the United States District Judge that the Civil Rights Complaint filed pursuant to Title 42, United States Code, Section 1983, by plaintiff ANH VIET TRAN be DISMISSED for failure to pay the $150.00 filing fee.
Plaintiff is advised, and the Clerk is instructed, that if plaintiff pays the $150.00 filing fee within fourteen (14) days after the filing date hereof, this Report and Recommendation of dismissal will automatically be withdrawn.
The United States District Clerk shall mail a copy of this Report and Recommendation to plaintiff and to each attorney of record by certified mail, return receipt requested. Any party may object to the proposed findings and to the Report and Recommendation within fourteen (14) days from the date of this Order. Rule 72, Federal Rules of Civil Procedure, and Rule 4(a)(1) of Miscellaneous Order No. 6, as authorized by Local Rule 3.1, Local Rules of the United States District Courts for the Northern District of Texas. Any such objections shall be in writing and shall specifically identify the portions of the findings, recommendation, or report to which objection is made, and set out fully the basis for each objection. Objecting parties shall file the written objections with the Clerk of the Court and serve a copy of such objections on the Magistrate Judge and on all other parties. The failure to timely file written objections to the proposed factual findings, legal conclusions, and the recommendation contained in this report shall bar an aggrieved party, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions accepted by the District Court. Douglass v. United Services Automobile Ass'n, 79 F.3d 1415, 1428-29 (5th Cir. 1996) ( en banc).
IT IS SO RECOMMENDED.
If plaintiff pays the $150.00 filing fee within fourteen (14) days after the filing date hereof, this Report and Recommendation of dismissal is automatically withdrawn.