MILLER v. COURT OF COMMON PLEAS ERIE COUNTY, PA et al

Filing 8

ORDER adopting 4 Report and Recommendation re 1 Motion for Leave to Proceed in forma pauperis. 1 Motion for Leave to Proceed in forma pauperis is Denied. Signed by Judge Maurice B. Cohill on 12/28/2012. (rtw, )

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

EMMANUEL JOSH MILLER,

)

)
)
)

Plaintiff,
vs.

)

COURT OF COMMON PLEAS
ERIE COUNTY, PA, et aI.,
Defendants.

Civil Action No. 12-206 Erie

)
)
)
)
)

MEMORANDUM ORDER
This Petition for Writ of Habeas Corpus was received by the Clerk of Court on
September 5, 2012, and was referred to United States Magistrate Judge Susan Paradise Baxter
for report and recommendation in accordance with the Magistrates Act, 28 U.S.c. 636(b)(I),
I

and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.
Magistrate Judge Baxter issued a report and recommendation, filed on October 5, 2012
(ECF No.4), recommending that leave to proceed in forma pauperis be denied. Petitioner filed
Objections on October 18, 2012.
We have reviewed Petitioner's objections that he has insufficient funds to pay the filing
fee of $5.00 in this case. The documentation he has provided shows that requiring the Petitioner
to pay the filing fee will not deprive him of any necessities of life at prison.
After de novo review of the pleadings and documents in the case, together with the report
and recommendation and objections thereto, we adopt Magistrate Judge Baxter's October 5,
2012 report and recommendation as the Order of the Court.
Accordingly, the following Order is hereby entered.

j£
AND NOW, this ).. Y day of December, 2012, it is HEREBY ORDERED, ADJUDGED
and DECREED that Petitioner's Leave to Proceed In Forma Pauperis is hereby DENIED.
The Report and Recommendation dated October 5, 2012 (ECF No.4) is adopted as the
Order of the Court.

7J4~t~MJr<'
Maurice B. Cohill, Jr.

Senior United States District Judge

cc:

Counsel of Record
Emmanuel Miller, pro se

JZ-9838

SCI HOUTZDALE

BOX 1000

HOUTZDALE, PA 16698-1000

2