OWENS v. MCNEIL

Filing 11

ORDER - Petitioner's 10 MOTION for Leave to Proceed in forma pauperis is Denied. Petitioner shall submit $5.00 payment within thirty (30) days from docketing date of this order. - - - (Habeas Fee due by 1/6/2010. ) - - -Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on December 7, 2009. (cbj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION JASON WAYNE OWENS, Petitioner, vs. WALTER A. McNEIL, 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, 10). From a review of the inmate bank account records, Petitioner had an average monthly amount of $35.00 deposited into his prison account. Therefore, Petitioner shall be required to pay the $5.00 filing fee. Accordingly, it is ORDERED: 1. Petitioner's application to proceed in forma pauperis (Doc. 10) 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." 2. 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 7th day of December 2009. Case No. 3:09cv465/MCR/EMT

/s/ Elizabeth M. Timothy ELIZABETH M. TIMOTHY UNITED STATES MAGISTRATE JUDGE