Stanley v. Dir of TDCJ

Filing 7

MEMORANDUM AND OPINION, Denying 3 MOTION for Leave to Proceed in forma pauperis filed by Raymond X Stanley. Plaintiff shall pay the $5.00 filing fee within 30 days.. Signed by Magistrate Judge Caroline Craven on 6/5/2015. (sm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
RAYMOND STANLEY

§

VS.

§

WARDEN SCOTT YOUNG

§

CIVIL ACTION NO. 5:15cv43

MEMORANDUM OPINION AND ORDER
Raymond Stanley, proceeding pro se, filed this petition for
writ of habeas corpus pursuant to 28 U.S.C. § 2254.

Petitioner has

filed a motion (doc. no. 3) seeking leave to proceed in forma
pauperis in this matter.
Discussion
Petitioner has submitted an application to proceed in forma
pauperis. The application states that on the date it was prepared,
petitioner had a balance of $132.67 in his inmate trust account.
Since 1892, Congress has permitted indigent persons to bring
lawsuits in federal courts without prepayment of filing fees.

Act

of July 20, 1892, ch. 209.27 Stat. 252 (codified, as amended, at 28
U.S.C. § 1915).

The applicable statute is intended to provide

access to the federal courts for litigants who lack the financial
resources to pay any part of the statutory filing costs.

However,

a district court may order users of the courts to pay the filing
fees when they are financially able to do so.

See Williams v.

Estelle, 681 F.2d 946 (5th Cir. 1982).
Based on the available balance in petitioner's inmate trust
account, it is clear he has sufficient assets to pay the $5 filing
fee applicable to his petition.

Accordingly, petitioner will be

.

denied leave to proceed in forma pauperis and directed to pay the
$5 filing fee.
ORDER
For the reasons set forth above, petitioner’s motion to
proceed in forma pauperis is DENIED.

Petitioner shall pay the $5

filing fee within 30 days of the date set forth below.
SIGNED this 5th day of June, 2015.

____________________________________
CAROLINE M. CRAVEN
UNITED STATES MAGISTRATE JUDGE

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