Murdock v. Standifird

Filing 17

OPINION AND ORDER by Judge Frank H. Seay: Denying 13 petitioner's Motion for compulsion of all filing fees.(acg, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
WAYNE MURDOCK,
Petitioner,
v.
TERRY MARTIN, Warden,
Respondent.

)
)
)
)
)
)
)
)
)

Case No. CIV 11-427-FHS-KEW

OPINION AND ORDER
Petitioner has filed a Motion for Compulsion of All Filing Fees, asking the court to
compel the release of $5.00 for his district court filing fee and $455.00 for his appellate filing
fee [Docket No. 13]. The record indicates the $5.00 district court fee was paid to the
Northern District of Oklahoma on November 18, 2011 [Docket No. 4]. On March 23, 2012,
plaintiff returned the court’s blank form for proceeding in forma pauperis on appeal,
claiming the Department of Corrections trust fund accountant has not responded to his
request for completion of the required six-month accounting statement [Docket No. 15].
Plaintiff has not alleged he lacks the funds to pay the appellate filing fee, but suggests the
court compel release of his funds from the trust fund officials. The court, however, must
have a properly completed motion for leave to proceed on appeal in forma pauperis or the
entire appellate filing fee.
ACCORDINGLY, petitioner’s motion for compulsion of all filing fees [Docket No.
13] is DENIED, and he is directed to pay the $455.00 appellate filing fee or to submit a
properly completed motion for leave to proceed in forma pauperis on appeal with a

completed six-month accounting statement within twenty (20) days. The Court Clerk is
directed to send petitioner the proper forms to apply for leave to proceed in forma pauperis
on appeal.
IT IS SO ORDERED this 20th day of April, 2012.

2