Whitley v. Patterson et al (INMATE1)

Filing 3

ORDER that on or June 10, 2011 the petitioner shall forward to the Clerk the $5.00 filing fee; 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 Judge Charles S. Coody on 5/27/2011. (cc, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
CHESTER WHITLEY, #128332,

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Petitioner,
v.

TONY PATTERSON, et al.,
Respondents.

CIVIL ACTION NO. 3:11-CV-396-TMH
[WO]

ORDER ON MOTION
It is a standing 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 $68.07 in his prison
account at the time he filed this habeas 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 June 10, 2011 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 27th day of May, 2011.

/s/ Charles S. Coody
CHARLES S. COODY
UNITED STATES MAGISTRATE JUDGE