JOHNSON v. BROOKE

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 8 Report and Recommendations and dismissing Petitioner's 28 U.S.C. § 2254 Petition. In addition, Petitioner is not entitled to a Certificate of Appealability, rendering moot any request for in forma pauperis status on appeal; Denying 2 Motion for Leave to Proceed in forma pauperis filed by Kenneth Ray Johnson. Signed by Judge William T. Moore, Jr on 6/26/18. (trb)

FILED

U.S. DISTRICT COUR i
IN THE UNITED STATES DISTRICT COURT FOR SAVANNAH DIV.
THE SOUTHERN DISTRICT OF GEORGIA

SAVANNAH DIVISION

20I8JUN26 AHIh28

KENNETH RAY JOHNSON,

SO. OlSTWGA
Petitioner,
CASE NO. CV418-084

V.

NATHAN BROOKE,

Respondent

ORDER

Kenneth

Ray

Johnson's

application

for

habeas

corpus

under

28 U.S.C. § 2254, having been transferred to this Court from the
Middle

District

of

Georgia,

was

inadvertently

screened

on

the

merits without first assessing his application to proceed in forma

pauperis

(IFF).

claims are

Doc.

8

(recommending

dismissal

as

his

habeas

unexhausted); see doc. 2 (motion for leave to proceed

IFF).

Petitioner

has

$7,074.89

in

his

prisoner

account,

with

average monthly balance of $371.59 for the past six months.

an

Doc.

2.

He can certainly provide necessities for himself and also pay

the

$5

filing

hardship."

fee

associated

with

this

action

"without

undue

Foster v. Cuyahoga Dep't of Health & Human Servs., 21

F. App'x 239, 240 (6th Cir,2001).

In that light, and given the

extremely modest $5 filing fee that Congress has prescribed for

habeas petitions in 28 U.S.C. § 1914(a), there is no way in which
Johnson's application for leave to proceed without payment of the