Eldridge v. Berkebile

Filing 7

ORDER denying 6 Motion for Reconsideration of the Court's Order to Allow Petitioner to Proceed in the Above Case Pursuant to 28 U.S.C. § 1915 by Judge Lewis T. Babcock on 9/8/14.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-02334-BNB
CLINTON T. ELDRIDGE,
Applicant,
v.
D. BERKEBILE, Warden,
Respondent.

ORDER DENYING MOTION TO RECONSIDER

Applicant, Clinton T. Eldridge, is a prisoner in the custody of the Federal Bureau
of Prisons at the United States Penitentiary, Administrative Maximum, in Florence,
Colorado. He submitted pro se an Application for Writ of Habeas Corpus Pursuant to
28 U.S.C. § 2241 (ECF No. 1) and a Prisoner’s Motion and Affidavit for Leave to
Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas Corpus Action (ECF No. 2).
On August 25, 2014, the Court denied Mr. Eldridge leave to proceed in forma
pauperis pursuant to § 1915 because he had an available balance of $76.81 in his
prison account as of June 23, 2014. In the same order, the Court directed him to pay
within thirty days the $5.00 filing fee required pursuant to 28 U.S.C. § 1914 if he wished
to pursue his claim in this action. On September 2, 2014, instead of paying the $5.00
filing fee, Mr. Eldridge filed a motion titled “Motion for Reconsideration of the Court’s
Order to Allow Petitioner to Proceed in the Above Case Pursuant to 28 U.S.C. § 1915”
(ECF No. 6).
In the motion for reconsideration, Mr. Eldridge fails to provide an updated
certificate of the warden indicating the amount of money on deposit in his inmate trust

fund account and demonstrating that he is unable to pay the $5.00 filing fee. Therefore,
the motion for reconsideration will be denied. Instead, Mr. Eldridge alleges that he
needs an order from this Court so that the BOP will issue a money order to pay the
$5.00 filing fee. Mr. Eldridge may consider this to be the order he alleges he requires
for the BOP to issue the $5.00 money order to pay the filing fee for this action.
Accordingly, it is
ORDERED that the motion titled “Motion for Reconsideration of the Court’s Order
to Allow Petitioner to Proceed in the Above Case Pursuant to 28 U.S.C. § 1915” (ECF
No. 6) that Plaintiff, Clinton T. Eldridge, filed on September 2, 2014, 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

8th

day of

September

, 2014.

BY THE COURT:

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

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