Tucker v. State Of Ohio

Filing 9

ORDER - Petitioner's request to proceed in forma pauperis is GRANTED, and theClerk of Court shall return to Tucker the $5.00 filing fee he previously paid in this case. Signed by Magistrate Judge Sharon L Ovington on 6/12/2012. (sc1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
JASON TUCKER,
Petitioner,

:
Case No. 3:11cv00330

:

vs.

:

District Judge Walter Herbert Rice
Magistrate Judge Sharon L. Ovington

STATE OF OHIO,

:

Respondent.

:

ORDER

When Jason Tucker filed his petition for writ of habeas corpus, he also filed a
declaration in support of request to proceed in forma pauperis. Yet, his declaration was not
accompanied by a separate motion to proceed in forma pauperis. The omission resulted in a
letter to Tucker informing him of the required filing fee, which he then paid.
A review of Tucker’s declaration demonstrates that his financial status satisfies the
requirements to proceed in forma pauperis. See 28 U.S.C. §1915(a). Because Tucker
qualifies to proceed in forma pauperis, his request to do so will be granted and his
previously paid filing fee will be returned to him.
Accordingly, Petitioner’s request to proceed in forma pauperis is GRANTED, and the
Clerk of Court shall return to Tucker the $5.00 filing fee he previously paid in this case.

June 7, 2012

s/Sharon L. Ovington
Sharon L. Ovington
United States Magistrate Judge