Jones v. State of Mississippi

Filing 3

ORDER Denying Request for In Forma Pauperis Status and Requiring Petitioner to Pay Filing Fee. Petitioner has 20 days from the entry of this order to submit to the Court the $5.00 filing fee. If the $5.00 filing fee is not received, petitio ner is hereby warned that this action may be dismissed without further written notice. Petitioner is further warned that failure to keep this Court informed of his current address may result in the case being dismissed. Signed by Judge David C. Bramlette III on 10/26/2006. (dtj, )

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Jones v. State of Mississippi Doc. 3 Case 5:06-cv-00145-DCB-MTP Document 3 Filed 10/27/2006 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION ANTHONY TERRELL JONES, #K3994 VERSUS PETITIONER CIVIL ACTION NO. 5:06cv145DCB-MTP RESPONDENTS STATE OF MISSISSIPPI AND JIM HOOD ORDER DENYING REQUEST FOR IN FORMA PAUPERIS STATUS AND REQUIRING PETITIONER TO PAY THE FILING FEE Petitioner Anthony Terrell Jones, #K3994, an inmate at the Mississippi State Penitentiary, Parchman, Mississippi, has filed an application to proceed in forma pauperis in this cause. The petitioner states in his request for waiver of fees and costs that he has $1,000.00 in his inmate account. Section 28 U.S.C. 1915(a) provides access to the courts if a petitioner does not have financial resources to pay any part of the statutory filing fee. See Williams v. Estelle, 681 F.2d 946 (5th Cir. 1982); Prows v. Kastner, 842 F.2d 138 (5th Cir. 1988). This court notes that the petitioner is currently incarcerated and does not pay for room, food, clothing or other incidental expenses. Under the circumstances, this court in exercising its discretion has determined that the petitioner has the financial resources to pay the $5.00 filing fee. Therefore, petitioner's application to proceed in forma pauperis is not well-taken and is hereby denied. Accordingly, it is ORDERED AND ADJUDGED: 1. That the petitioner's motion to proceed in forma pauperis is denied. Dockets.Justia.com Case 5:06-cv-00145-DCB-MTP Document 3 Filed 10/27/2006 Page 2 of 2 2. That petitioner has 20 days from the entry of this order If the filing fee to submit to this court the $5.00 filing fee. is paid by the petitioner or someone other than the petitioner, there must be a written explanation that the money is being submitted as payment of the filing fee in this case on behalf of the petitioner, ANTHONY TERRELL JONES, #K3994. 3. That if the $5.00 filing fee is not received, petitioner is hereby warned that this action may be dismissed without further written notice. 4. That the petitioner is further warned that failure to keep this court informed of his current address may result in this case being dismissed. SO ORDERED this the 26th day of October , 2006. s/David Bramlette UNITED STATES DISTRICT JUDGE 2

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