Rivera v. Edge
MEMORANDUM OPINION AND ORDER Denying 2 Motion to Proceed IFP. Petitioner shall pay the $5.00 filing fee within thirty (30) days from the date set forth below. Failure to comply with this order may result in dismissal of case. Signed by Magistrate Judge Caroline Craven on 12/29/2016. (sm, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
DEREK EDGE, WARDEN
CIVIL ACTION NO. 5:16-CV-192
MEMORANDUM OPINION AND ORDER
Petitioner, Richard Rivera, currently confined at FCI Texarkana, proceeding pro se, filed this
petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner has filed a motion
seeking leave to proceed in forma pauperis in this matter (docket entry no. 2).
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 $52.61 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 the pay the $5.00 filing fee applicable to this petition. Accordingly, petitioner
will be denied leave to proceed in forma pauperis and directed to pay he $5.00 filing fee.
For the reasons set forth above, petitioner’s motion to proceed in forma pauperis is
DENIED. Petitioner shall pay the $5.00 filing fee within thirty (30) days from the date set forth
below. Failure to comply with this order may result in dismissal of this case for want of prosecution
pursuant to Federal Rule of Civil Procedure 41(b).
SIGNED this 29th day of December, 2016.
CAROLINE M. CRAVEN
UNITED STATES MAGISTRATE JUDGE
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