MCELWEE v. BUREAU OF PRISONS

Filing 14

ORDER denying 12 MOTION for Leave to Proceed in forma pauperis filed by CHRISTOPHER DONALD MCELWEE - Fee due by 10/20/2008; signed by MAGISTRATE JUDGE ALLAN KORNBLUM on 9/19/08. (tss)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION

CHRISTOPHER DONALD MCELWEE, Petitioner, vs. BUREAU OF PRISONS, Respondent. ____________________________/ ORDER Petitioner has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 and a motion for leave to proceed in forma pauperis. Docs. 1 & 12. A review of Petitioner's inmate account statement reveals that he has the funds to pay the $5.00 filing fee, in that his present account balance, his average monthly balance, and his average monthly deposits exceed $25.00 per month. Further review of Petitioner's petition will be deferred until the $5.00 filing fee is paid. Accordingly, it is ORDERED: 1. Petitioner's motion to proceed in forma pauperis, Document 12, is hereby DENIED. 5:08cv158-RS/AK

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2. Petitioner shall have until October 20, 2008, to submit the $5.00 filing fee to the Clerk of Court. 3. Failure to respond to this order as instructed will result in a recommendation of dismissal of this action for failure to prosecute and failure to comply with an order of this Court. DONE AND ORDERED this 19th day of September, 2008.

S/A.Kornblum ALLAN KORNBLUM UNITED STATES MAGISTRATE JUDGE

5:08cv158-RS/AK