Heath v. Drew (INMATE 3)

Filing 3

ORDER directing the petitioner to forward to the Clerk the $5.00 filing fee; Filing Fee due by 4/10/2007; granting 2 MOTION for Leave to Proceed in forma pauperis filed by Lavon Heath, except to the extent that payment is required under this order. Signed by Judge Wallace Capel Jr. on 3/27/07. Furnished to cashier.(djy, )

Heath v. Drew (INMATE 3)

Doc. 3

Case 2:07-cv-00255-WKW-WC

Document 3

Filed 03/27/2007

Page 1 of 2

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION LAVON HEATH, Petitioner, v. ) ) ) ) ) CIVIL ACTION NO. 2:07-CV-255-WKW ) [WO] ) ) ) ) ) ORDER ON MOTION It is a rule of this court that if, after considering a prisoner's affidavit for in forma pauperis treatment, it is determined that the prisoner is financially able to pay the appropriate filing fee, he must do so. Upon consideration of the fact that the petitioner earns approximately $35 per month, it is the opinion of the Magistrate Judge that the petitioner is able to pay the $5.00 filing fee. Accordingly, it is ORDERED that on or April 10, 2007 the petitioner shall forward to the Clerk of this Court the $5.00 filing fee. It is further ORDERED that except to the extent that payment is required under this order the petitioner's motion for leave to proceed in forma pauperis is hereby GRANTED.

DARLEN E A. DREW, Respondent.

Dockets.Justia.com

Case 2:07-cv-00255-WKW-WC

Document 3

Filed 03/27/2007

Page 2 of 2

The petitioner is cautioned that if he fails to comply with this order the Magistrate Judge will recommend that his petition be dismissed. Done this 27th day of March, 2007.

/s/ Wallace Capel, Jr. WALLACE CAPEL, JR. UNITED STATES MAGISTRATE JUDGE

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