Banks v. Morton

Filing 4

ORDER denying 2 Motion for Leave to Proceed in forma pauperis . Signed by Judge Claude W. Hicks Jr. on 5/19/06. (Hicks, Claude)

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Banks v. Morton Doc. 4 Case 5:06-cv-00167-CAR Document 4 Filed 05/19/2006 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION GEORGE W. BANKS, Petitioner VS. CALVIN MORTON, Respondent NO. 5:06-CV-167 (DF) PROCEEDINGS UNDER 28 U.S.C. 2254 BEFORE THE U. S. MAGISTRATE JUDGE ORDER Petitioner GEORGE W. BANKS 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 petitioner has an average monthly balance for the last six (6) months of $61.10 in his prisoner account. The filing fee required in a 2254 case 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 until JUNE 19, 2006 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 19th day of May, 2006 CLAUDE W. HICKS, JR. UNITED STATES MAGISTRATE JUDGE

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