Davis v. Hamerick

Filing 4

ORDER denying 2 Motion for Leave to Proceed in forma pauperis . Signed by Judge Richard L. Hodge on 01/11/2006. (Hodge, Richard)

Davis v. Hamerick

Doc. 4

Case 7:06-cv-00003-HL

Document 4

Filed 01/11/2006

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION : : Petitioner : : vs. : : DWIGHT HAMERICK, Warden, : : : Respondent : ____________________________________ KENNY DAVIS,

7:06-CV-3 (HL)

PROCEEDINGS UNDER 28 U.S.C. § 2254 BEFORE THE U.S. MAGISTRATE JUDGE

ORDER Petitioner KENNY DAVIS has petitioned 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. The affidavit filed in support of the application to proceed in forma pauperis shows petitioner has $71.81 in his prison account. The filing fee for § 2254 proceedings is $5.00. In the opinion of this court, petitioner does not meet the indigency requirements to permit him to proceed in forma pauperis; he has sufficient funds to enable him to pay the required filing fee herein. Accordingly, petitioner's application to proceed in forma pauperis is DENIED. Petitioner shall have thirty (30) days to submit the $5.00 filing fee. Petitioner's failure to timely submit the filing fee shall result in the dismissal of the instant petition. SO ORDERED, this 11th day of January, 2006.

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

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