SMITH v. USA

Filing 7

ORDER re 3 Petition for Writ of Habeas Corpus filed by JAMES ALEXANDER SMITH - - 1. Petitioner's 4 Application for Leave to Proceed in forma pauperis is Denied. - 2. Within thirty (30) days from docketing date of this order, petitioner shall submit payment of $5.00 filing fee to clerk. - - (Fee due by 6/23/2010. ) - - - Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on May 24, 2010. (cbj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION JAMES ALEXANDER SMITH, Petitioner, vs. UNITED STATES OF AMERICA ______________________________/ ORDER Petitioner has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 and a motion to proceed in forma pauperis (Docs. 3, 4). From a review of the inmate bank account records, Petitioner had an average monthly amount of $72.50 deposited into his prison account. Therefore, Petitioner shall be required to pay the $5.00 filing fee. Accordingly, it is ORDERED: 1. 2. Petitioner's application to proceed in forma pauperis (Doc. 4) is DENIED. Within THIRTY (30) DAYS from the date of docketing of this order, Petitioner shall Case No.: 5:10cv85/LAC/EMT

submit payment of $5.00 to the clerk of this court. 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 24th day of May 2010.

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