Stewart v. Patterson et al (INMATE 3)

Filing 3

ORDER directing payment of initial partial filing fee of $5.00 be paid on or before December 21, 2011; Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; granting 2 Affidavit for Leave to Proceed in forma pauperis except to the extent payment is required under this order. Signed by Honorable Judge Charles S. Coody on 11/30/2011. (br, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION MICHAEL C. STEWART, # 174305, ) ) ) ) ) ) ) ) ) Petitioner, v. TONY PATTERSON, et al., Respondents. Civil Action No. 2:11cv1009-TMH (WO) ORDER 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 Petitioner had an available balance of $146.64 in his prison account at the time he filed this petition for habeas corpus relief, it is the opinion of the Magistrate Judge that Petitioner is able to pay the applicable $5.00 filing fee. Accordingly, it is ORDERED that: 1. On or before December 21, 2011, Petitioner shall forward to the Clerk of the Court the $5.00 filing fee; and 2. Except to the extent that payment is required under this order, Petitioner’s motion for leave to proceed in forma pauperis (Doc. No. 2) is GRANTED. Petitioner is cautioned that his failure to comply with this order will result in a Recommendation by the undersigned that the instant petition be dismissed. Done this 30th day of November, 2011. /s/ Charles S. Coody CHARLES S. COODY UNITED STATES MAGISTRATE JUDGE 2

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