Whitten v. Butler et al (INMATE 1)

Filing 3

ORDER that on or 3/25/2009 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 2 Motion for Leave to Proceed in forma pauperis is GRANTED. Signed by Honorable Susan Russ Walker on 3/10/2009.(dmn)

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION JOHN MARK WHITTEN, #179726, Petitioner, v. ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 3:09-CV-201-TMH [WO]

FREDDIE BUTLER, et al., Respondents.

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 had $832.61 in his prison account at the time he filed this petition, 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 March 25, 2009 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. 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 10th day of March, 2009.

/s/ Susan Russ Walker SUSAN RUSS WALKER CHIEF UNITED STATES MAGISTRATE JUDGE