Angel Morales Hernandez v. M.S. Evans

Filing 3

ORDER signed by Judge Oliver W. Wanger on 4/6/06 ORDERING 1 Motion to proceed in forma pauperis (document #3 Central District Docket), filed by Angel Morales Hernandez, is DENIED. Petitioner is ORDERED to pay the $5.00 filing fee by 5/9/2006. (Carter-Ford, R) .

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(HC) Angel Morales Hernandez v. M.S. Evans Doc. 3 Case 1:06-cv-00318-OWW-LJO 1 2 3 4 5 6 7 8 Document 3 Filed 04/07/2006 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ANGEL MORALES HERNANDEZ, 1:06-CV-0318 OWW LJO HC ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS DOCUMENT #3 (Central District Docket) Respondent. / Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. On February 10, 2006 (Central District), Petitioner filed an Application to Proceed In Forma Pauperis and a certified copy of his prison trust account statement. Examination of these documents reveals that Petitioner is able to afford the costs of this action. Specifically, six months prior to filing, Petitioner has had an average balance of at least $388.62 in his account. His current balance is $272.06. Accordingly, the motion to proceed in forma pauperis is DENIED. See 28 U.S.C. 1915. Petitioner is ORDERED to pay the five dollar ($5.00) filing fee within thirty (30) days of the date of service of this order. Failure to follow this order may result in a recommendation that the Petition be dismissed pursuant to Local Rule 11-110. IT IS SO ORDERED. Dated: April 6, 2006 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 9 Petitioner, 10 11 M. S. EVANS, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs.

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