Watts v. Quarterman

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 2 Motion for Leave to Proceed in forma pauperis filed by Timothy Watts, 5 Report and Recommendations. IFP DENIED. Signed by Judge Michael H. Schneider on 9/2/2008. (gsg)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION TIMOTHY WATTS, #356569 VS. DIRECTOR, TDCJ-CID CIVIL ACTION NO. 6:08cv291 ORDER ADOPTING REPORT AND RECOMMENDATION The Court referred the above-entitled and numbered civil action to United States Magistrate Judge Judith K. Guthrie. The Magistrate Judge presented for consideration the Magistrate Judge's Report, containing proposed findings of fact and recommendations for disposition of Petitioner's motion to proceed in forma pauperis (dkt.#5). Petitioner filed objections to the Report. Petitioner contends that although his average balance for the past six months was $146.71, he does not have $5.00 now to pay the filing fee. This Court made a de novo review of this objection and determined that it lacks merit. This Court finds that the Magistrate Judge's conclusions are correct, and adopts them as the Court's conclusions. The Court therefore ORDERS that Petitioner's motion to proceed in forma pauperis (dkt.#2) is DENIED; and ORDERS Petitioner to pay the $5.00 filing fee within thirty days of receiving this Order, to proceed with this petition. Failure to pay the $5.00 filing fee within thirty days may result in dismissal of the petition. SIGNED this 2nd day of September, 2008. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2

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