Richey v. Obenland

Filing 4

ORDER TO SHOW CAUSE why Petitioner's 1 MOTION for Leave to Proceed in forma pauperis should not be denied, signed by Magistrate Judge Karen L Strombom. Show Cause Response or payment of the filing fee due on or before 4/19/2013. (GMR- cc: petitioner)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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THOMAS W.S. RICHEY,
No. C13-5231 BHS/KLS

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Petitioner,
v.
MIKE OBENLAND,

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ORDER TO SHOW CAUSE

Respondent.
This case has been referred to United States Magistrate Judge Karen L. Strombom
pursuant to 28 U.S.C. § 636(b)(1) and Local MJR 3 and 4. This matter comes before the Court

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on Petitioner’s filing of an application to proceed in forma pauperis (IFP) and proposed petition
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for writ of habeas corpus. ECF No. 1. In his IFP application, Petitioner states that he has “no

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money on my account. Zero.” Id., p. 2. However, he states that he received $1,450.00 in

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settlement funds within the last twelve months and an attached trust account statement dated

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March 8, 2013 shows that he has average monthly receipts of $359.21 and an average monthly

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spendable balance of $116.68. The filing fee for a habeas petition is $5.00. Based on the

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information provided by Petitioner, the Court is unable to determine whether he should be

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granted IFP.

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Accordingly, it is ORDERED:

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(1)

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Petitioner shall show cause why his IFP application should not be denied on or

before April 19, 2013. Alternatively, Petitioner may pay the $5.00 filing fee before that date.

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ORDER TO SHOW CAUSE - 1

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Failure to show cause or pay the amount shall be deemed a failure to properly prosecute this

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matter and the Court will recommend dismissal of this matter.

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(2)

The Clerk is directed to send a copy of this Order to Petitioner

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DATED 29th day of March, 2012.
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A

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Karen L. Strombom
United States Magistrate Judge

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ORDER TO SHOW CAUSE - 2