Walker v. Haley et al

Filing 5

ORDER denying #4 Motion to adjust #3 order. Payment of initial partial filing fee due 12/16/2013. Signed by Chief Judge Robert C. Jones on 10/30/2013. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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JOHN G. WALKER,

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Plaintiff,

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vs.

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MICHAEL HALEY, et al.,

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Case No. 3:13-cv-00485-RCJ-WGC

Defendants.

ORDER

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The court ordered (#3) plaintiff to pay an initial partial filing fee. Plaintiff has filed a motion

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to adjust order (#4). He argues that he has $126.00 in a mandatory savings account that is given to

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him upon his release from prison and that cannot be used to pay the initial partial filing fee.

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However, the statement that petitioner provided with his application to proceed in forma pauperis

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(#1) shows a balance of $209.25 in his inmate trust account, which he can use to pay the filing fee.

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Indeed, that is the balance after other transactions, including $126.80 being withdrawn on May 24,

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2013, presumably for the mandatory savings account. Nothing in plaintiff’s motion (#4) indicates

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that the $209.25 is unavailable for him to pay the initial partial filing fee.

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IT IS THEREFORE ORDERED that plaintiff’s motion to adjust order (#4) is DENIED.

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IT IS FURTHER ORDERED that plaintiff shall have through December 16, 2013, to pay the
initial partial filing fee as directed in the court’s earlier order (#3).
Dated: October 30, 2013.

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_________________________________
ROBERT C. JONES
Chief United States District Judge

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