Harrell v. Davis

Filing 7

ORDER TO PAY FILING FEE; DENYING LEAVE TO PROCEED IN FORMA PAUPERIS. Signed by Judge JEFFREY S. WHITE on 12/29/15. (Attachments: # 1 Certificate/Proof of Service)(jjoS, COURT STAFF) (Filed on 12/29/2015)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 v. 11 RON DAVIS, Warden, For the Northern District of California United States District Court ORDER TO PAY FILING FEE; DENYING LEAVE TO PROCEED IN FORMA PAUPERIS Petitioner, 9 10 No. C 15-4850 JSW (PR) GARY HARRELL, (Docket No. 4) 12 Respondent. / 13 14 Petitioner, a prisoner of the State of California, filed a habeas corpus petition 15 16 17 18 19 20 21 22 pursuant to 28 U.S.C. ยง 2254 challenging the constitutionality of his state conviction. He has applied for leave to proceed in forma pauperis. The prison trust account documents (dkt. # 6) show that he had more than ample funds to pay the $5.00 filing fee when he filed his petition, to wit: an average monthly balance of $255 and average monthly deposits of $53. Within 28 days of the date this order is filed, Petitioner shall pay the $5.00 filing fee. His failure to do so will result in the dismissal of this case without prejudice. IT IS SO ORDERED. 23 24 25 26 27 28 DATED: December 29, 2015 JEFFREY S. WHITE United States District Judge

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