Dunn v. Smith et al

Filing 7

ORDER by District Judge Kenneth J. Gonzales denying 4 Motion to Proceed under 28 U.S.C. 1915. (tah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

KENNETH A. DUNN,
Petitioner,
vs.

Civ. No. 18-289 KG/KBM

KEN SMITH and
ATTORNEY GENERAL FOR
THE STATE OF NEW MEXICO
Respondents.

ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS
This matter is before the Court upon Petitioner’s Motion to Proceed In Forma Pauperis.
(Doc. 4, supplemented by Doc. 6). Petitioner seeks to prosecute his 28 U.S.C. § 2254 habeas
petition without prepaying the $5.00 filing fee. Pursuant to the in forma pauperis statute, the
Court may only grant such relief where an inmate’s “affidavit [and] … statement of … assets
[demonstrates] that the [inmate] is unable to pay such fees or give security therefor.” 28 U.S.C. §
1915(a)(1). Petitioner does not qualify under that test. He receives an average of $242.16 per
month in income, and he has a balance of $300.97 in his inmate account. (Doc. 6) at 1-2. The
Motion will therefore be denied, and Petitioner must pay the $5.00 filing fee within thirty (30) days
of entry of this order. Failure to timely comply may result in the dismissal of this action without
further notice.
IT IS ORDERED:
1.
denied.

Petitioner Kenneth A. Dunn’s Motion to Proceed In Forma Pauperis (Doc. 4) is

2.

Petitioner shall submit the $5.00 filing fee within thirty (30) days from entry of this

3.

The Clerk of Court shall provide Petitioner with two copies of this Order.

4.

Petitioner shall make the necessary arrangements to attach one copy of this Order to

Order.

his check.

________________________________________
UNITED STATES DISTRICT JUDGE

2