WILLIAMS v. MCNEIL

Filing 6

ORDER - 1. Clerk shall change the docket to reflect that Respondent's proper name is Walter A. McNeil. 2. Petitioner's 2 MOTION for Leave to Proceed in forma pauperis is Denied. Petitioner shall submit $5.00 within thirty (30) days from date of docketing this order. - - Fee due by 7/30/2009. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on June 29, 2009. (cbj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION ANDY WILLIAMS, Petitioner, vs. WALTER A. McNEIL,1 Respondent. ______________________________/ ORDER Petitioner has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, as well as a motion to proceed in forma pauperis with an attached printout of the activity in his inmate account for the six-month period preceding the filing of the petition (Docs. 1, 2). From a review of the inmate bank account records, Petitioner had an average monthly amount of $47.50 deposited into his prison account. Therefore, Petitioner shall be required to pay the $5.00 filing fee. Accordingly, it is ORDERED: 1. A. McNeil. 2. Petitioner's motion to proceed in forma pauperis (Doc. 2) is DENIED. Petitioner shall submit a payment of $5.00 to the clerk of this court within THIRTY (30) DAYS from the date of docketing of this order. The check should be made payable to "Clerk, U. S. District Court." Failure of Petitioner to either submit this amount or explain his inability to do so may result in a recommendation that this case be dismissed. DONE AND ORDERED this 29th day of June 2009. /s/ Elizabeth M. Timothy ELIZABETH M. TIMOTHY UNITED STATES MAGISTRATE JUDGE The clerk shall change the docket to reflect that Respondent's proper name is Walter Case No. 3:09cv275/LAC/EMT

Walter A. McNeil, not "Walt McNeil" as named by Petitioner, is the proper name of the Secretary of the Department of Corrections.

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