Lassic v. Burnette

Filing 5

ORDER denying 1 Motion for Leave to Proceed in forma pauperis . Ordered by Judge Richard L. Hodge on 05/16/2007. (Hodge, Richard)

Lassic v. Burnette

Doc. 5

Case 1:07-cv-00083-WLS-RLH

Document 5

Filed 05/16/2007

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ALBANY DIVISION MICHAEL T. LASSIC, : : Petitioner : : VS. : : FRED BURNETTE, Warden, : : Respondent : : ____________________________________:

CIVIL ACTION NO.: 1:07-CV-83 (WLS) PROCEEDINGS UNDER 28 U.S.C. § 2254 BEFORE THE U.S. MAGISTRATE JUDGE ORDER

Petitioner MICHAEL T. LASSIC has moved this Court to allow him to proceed in forma pauperis in the above-captioned proceeding brought under the provisions of 28 U.S.C. §2254. However, a review of the certificate from prison authorities reveals that he deposited $370.00 into his inmate account during the last six months. Therefore, has had an average monthly balance for the last six (6) months of $62.00 in his inmate account. The filing fee required in § 2254 cases is $5.00. The Court finds that petitioner has the financial ability to pay this amount. Accordingly, petitioner's application herein to proceed in forma pauperis is DENIED. Petitioner shall have thirty (30) days from receipt of this Order to pay the required $5.00 filing fee. Failure to comply with this Order shall result in the dismissal of petitioner's application. There shall be no service of process in this case until further order of the Court. SO ORDERED, this 16th day of May, 2007.

/s/ Richard L. Hodge RICHARD L. HODGE UNITED STATES MAGISTRATE JUDGE

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