Scott v. State of North Carolina

Filing 3

ORDER denying petitioner's request to proceed in forma pauperis. Signed by Judge Graham Mullen on 7/25/07. (jhg)

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Scott v. State of North Carolina Doc. 3 Case 1:07-cv-00246-GCM Document 3 Filed 07/26/2007 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:07CV246-MU THOMAS EDWARD SCOTT, Petitioner, ) ) ) v. ) ) STATE OF NORTH CAROLINA ) Respondent, ) ______________________________) ORDER THIS MATTER is before the Court on the Petitioner's "Motion for Leave to Proceed in Forma Pauperis," filed July 5, 2007. The record shows that on July 5, 2007, Petitioner filed a Petition for a Writ of Habeas Corpus under 28 U.S.C. 2254. Respondent was directed by this Court to answer on July 23, 2007. In his IFP Application, Petitioner states that he has inmate wages of $30.00 per month and receives $150.00 per month from his family. Petitioner further states that he has $224.00 in cash in Petitioner's certified Trust Consequently, the a checking or savings account. Account statement shows a balance of $191.77. Court finds that Petitioner has sufficient resources from which to pay the required $5.00 filing fee; therefore, his IFP Motion will be denied. NOW, THEREFORE, IT IS HEREBY ORDERED: 1. That the Petitioner's Motion to Proceed in Forma Pauperis Case 1:07-cv-00246-GCM Document 3 Filed 07/26/2007 Page 2 of 2 is DENIED; and 2. That within twenty (20) days of the date of this filing, the Petitioner shall pay the $5.00 filing fee. FAILURE TO PAY THE SUBJECT FILING FEE COULD SUBJECT THE INSTANT PETITION TO SUMMARY DISMISSAL. SO ORDERED. Signed: July 25, 2007 2

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