Johnson v. Curry

Filing 3

ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS AND TO PAY FILING FEE WITHIN THIRTY DAYS By Judge Jeremy Fogel denying 2 Motion for Leave to Proceed in forma pauperis (jfsec, COURT STAFF) (Filed on 3/7/2007)

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Johnson v. Curry Doc. 3 Case 5:07-cv-01083-JF Document 3 Filed 03/07/2007 Page 1 of 3 **Original filed 3/7/07** 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA CHARLES VANCE JOHNSON, Petitioner, vs. BEN CURRY, Warden, Respondent. ) ) ) ) ) ) ) ) ) ) ) No. C 07-1083 JF (PR) ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS AND TO PAY FILING FEE WITHIN THIRTY DAYS (Docket No. 2) Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 and a motion to proceed in forma pauperis. Petitioner's trust account statement reveals that for the six months preceding the filing of this action, Petitioner had average monthly deposits into his trust account of $58.13 and an average monthly balance of $135.50. This is sufficient to pay the $5.00 habeas filing fee. Accordingly, Petitioner's motion to proceed in forma pauperis (docket no. 2) is DENIED. Within thirty days of the date this order is filed, Petitioner shall pay the $5.00 filing fee. Petitioner shall include with his payment a clear indication that it is for this case number, C 07-1083 JF (PR). Order Denying Motion to Proceed in Forma Pauperis and to Pay Filing Fee Within Thirty Days 1 P:\pro-se\sj.jf\hc.06\Johnson083ifpden Dockets.Justia.com Case 5:07-cv-01083-JF Document 3 Filed 03/07/2007 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Failure to pay the filing fee within thirty days of the date this order is filed shall result in the dismissal of this action without prejudice for failure to pay the filing fee. IT IS SO ORDERED. Dated: 3/7/07 JEREMY FOGEL United States District Judge Order Denying Motion to Proceed in Forma Pauperis and to Pay Filing Fee Within Thirty Days 2 P:\pro-se\sj.jf\hc.06\Johnson083ifpden Case 5:07-cv-01083-JF Document 3 Filed 03/07/2007 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A copy of this order was mailed to the following: Charles Vance Johnson D-05007/ G-238 Correctional Training Facility P.O. Box 689 Soledad, CA 93060-0689 Order Denying Motion to Proceed in Forma Pauperis and to Pay Filing Fee Within Thirty Days 3 P:\pro-se\sj.jf\hc.06\Johnson083ifpden

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