Bolden #522307 v. McKee
ORDER DENYING IFP: petitioner to pay the entire fee of $ 5.00 within 28 days or the case will be dismissed;(filing fee to be submitted by 12/21/2011) ; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, aeb)
UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
TERRANCE D. BOLDEN,
Case No. 1:11-cv-1197
Honorable Paul L. Maloney
KENNETH T. MCKEE,
ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS
This is a habeas corpus action brought by a state prisoner pursuant to 28 U.S.C.
§ 2254. Petitioner has requested leave of court to proceed in forma pauperis pursuant to 28 U.S.C.
§ 1915(a)(1) and has filed an affidavit of indigence. The filing fee for a habeas corpus action is
$5.00. 28 U.S.C. § 1914(a). The Court should only grant leave to proceed in forma pauperis when
it reasonably appears that paying the cost of this filing fee would impose an undue financial
hardship. Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988). It is not unreasonable to require a
prisoner to devote a small portion of his discretionary funds to defray a fraction of the costs of his
litigation. See Lumbert v. Ill. Dep’t of Corr., 827 F.2d 257, 267 (7th Cir. 1987).
Petitioner has filed a trust account statement, which shows that in April 2011,
Petitioner had an account balance of $51.13. As of October 21, 2011, shortly before he filed his
petition, Petitioner had a balance of $87.71. Petitioner’s financial documents indicate that he has
sufficient resources to pay the $5.00 filing fee. Therefore, Petitioner is not entitled to proceed in
forma pauperis in this action. Petitioner has 28 days from the date of entry of this order to pay the
$5.00 filing fee. If Petitioner fails to pay the filing fee within the 28-day period, his case will be
dismissed without prejudice. Accordingly:
IT IS ORDERED that Petitioner’s application for leave to proceed in forma pauperis
(docket #2) is DENIED.
IT IS FURTHER ORDERED that within 28 days hereof, Petitioner shall pay the
$5.00 filing fee to the Clerk of this Court. Petitioner’s failure to comply with this order will result
in dismissal of this case without prejudice.
Dated: November 23, 2011
/s/ Paul L. Maloney
Paul L. Maloney
Chief United States District Judge
SEND REMITTANCES TO THE FOLLOWING ADDRESS:
Clerk, U.S. District Court
399 Federal Building
110 Michigan Street, NW
Grand Rapids, MI 49503
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