Lee v. Oliver

Filing 5

ORDER Denying 4 Leave to Proceed Pursuant to 28 U.S.C. 1915. If Applicant fails to pay the $5.00 filing fee within the time allowed the action will be dismissed without further notice. By Judge Lewis T. Babcock on 5/7/2014. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-01206-BNB
MARIO ANTON LEE,
Applicant,
v.
J. OLIVER, Warden,
Respondent.

ORDER DENYING LEAVE TO PROCEED PURSUANT TO 28 U.S.C. § 1915

Applicant, Mario Anton Lee, is a prisoner in the custody of the Federal Bureau of
Prisons at the United States Penitentiary in Florence, Colorado. Applicant filed pro se a
Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a
Habeas Corpus Action (ECF No. 4) and an Application for a Writ of Habeas Corpus
Pursuant to 28 U.S.C. § 2241 challenging his conviction and sentence on drug-related
charges in the United States District Court for the Northern District of Alabama
(Southern Division) (Northern District of Alabama) in Criminal Action No. 00cr347-LSCJHE-1.
The Court will deny the § 1915 motion because Applicant does not qualify for in
forma pauperis status. Subsection (a)(1) of 28 U.S.C. § 1915 allows a litigant to
commence a lawsuit without prepayment of fees or security therefor. However, “[t]here
is no absolute right to proceed in court without paying a filing fee in civil matters.”
Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988); see also 28 U.S.C. § 1914(a).
Proceeding in forma pauperis pursuant to § 1915, i.e. without paying a filing fee under §
1914, is a privilege extended to individuals unable to pay such a fee. See Holmes, 852

F.2d at 153.
Applicant’s account statement shows that he has an available balance of $50.54
in his inmate account as of March 26, 2014. Therefore, the Court finds that Applicant
has sufficient funds to pay the $5.00 filing fee. The § 1915 motion will be denied.
Applicant will be directed to pay the $5.00 filing fee required pursuant to 28 U.S.C. §
1914 if he wishes to pursue his claims in this action. Accordingly, it is
ORDERED that the Prisoner’s Motion and Affidavit for Leave to Proceed
Pursuant to 28 U.S.C. § 1915 in a Habeas Corpus Action (ECF No. 4) is denied. It is
FURTHER ORDERED that Applicant shall pay the full $5.00 filing fee within
thirty (30) days from the date of this order if he wishes to pursue his claims in this
action. It is
FURTHER ORDERED that if Applicant fails to pay the $5.00 filing fee within the
time allowed the action will be dismissed without further notice.
DATED at Denver, Colorado, this

7th

day of

May

, 2014.

BY THE COURT:

s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court

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