COTTO v. TENNIS et al

Filing 5

REPORT AND RECOMMENDATION that 1 MOTION for Leave to Proceed in forma pauperis filed by LUIS R. COTTO, be denied. Objections to R&R due by 8/31/2009. Signed by Judge Susan Paradise Baxter on 8/12/09. (lrw)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA LUIS R. COTTO, Petitioner v. FRANKLIN J. TENNIS, et al., Respondents. ) ) ) ) ) ) )

Civil Action No. 09-168 Erie Magistrate Judge Baxter

REPORT AND RECOMMENDATION

AND NOW, this 12th day of August, 2009, after Petitioner presented a petition for a writ of habeas corpus which he seeks leave to prosecute in forma pauperis, and it appearing that he has an average monthly balance of $ 56.43. in his account at the State Correctional Institution at Albion, Pennsylvania, which sum far exceeds the $ 5.00 filing fee required to commence this action, and it further appearing that requiring the Petitioner to pay the filing fee will not deprive him of any necessities of life at the prison, It is recommended that leave to proceed in forma pauperis be denied. Petitioner shall have ten (10) days from the date of service in which to file written objections to this Report and Recommendation. Failure to file timely objections may constitute a waiver of any appellate rights.

S/Susan Paradise Baxter SUSAN PARADISE BAXTER Chief U.S. Magistrate Judge cc: Luis R. Cotto # GS-2185 SCI Rockview Box 1 Bellefonte, PA 16823