United States District Court, N.D. Texas, Amarillo Division
FINDINGS, CONCLUSIONS AND RECOMMENDATION TO DISMISS
PETITION FOR A WRIT OF HABEAS CORPUS BY A PERSON IN STATE
CUSTODY FOR FAILURE TO PAY FILING FEE
ANN RENO UNITED STATES MAGISTRATE JUDGE
has attempted to initiate a federal habeas corpus proceeding
in this Court. Petitioner has not, however, submitted any
payment to satisfy the requisite filing fee but, instead, has
submitted an Application to Proceed In Forma
Pauperis together with a certified in forma
pauperis data sheet from the institution in which he is
confined. Petitioner's February 14, 2018 data
sheet reflects a balance of $83.95 as that date. Moreover,
the data sheet also reflects deposits totaling $450.00 during
the three-month period prior to attempting to initiate this
does not qualify for a grant of pauper's status.
Petitioner possesses, has possessed, or has had access to,
the funds needed to pay the $5.00 filing fee in the instant
cause and should have included such payment with the
submission of his application or subsequent to such
submission. Petitioner's application should be DISMISSED
for failure to pay the requisite fee.
the RECOMMENDATION of the United States Magistrate Judge to
the United States District Judge that petitioner's
application to proceed in forma pauperis be DENIED,
and that the habeas application filed by petitioner be
DISMISSED for failure to pay the $5.00 filing fee.
TO PETITIONER OF EFFECT OF PAYING FILING FEE
petitioner pays the $5.00 filing fee within fourteen (14)
days after the “entered” date of these
Findings, Conclusions and Recommendation, then the
recommendation of dismissal will be withdrawn.
within fourteen (14) days after the
“entered” date of these Findings, Conclusions and
Recommendation, petitioner submits to this Court evidence
that he has authorized his institution to disburse the
requisite funds from his trust account by properly completing
and submitting to the prison a Form I-25 entitled
“Inmate Request for Withdrawal, ” then this case
will be held in abeyance for thirty (30) days from the date
of the Form I-25, pending receipt of the filing fee. If
payment has been received during the 30-day time period, the
recommendation of dismissal will be withdrawn. If no payment
has been received at the end of the 30-day time period, the
case will remain subject to dismissal. It is petitioner's
responsibility to monitor the disbursement of the requisite
funds from his trust account, and ensure that such funds have
been withdrawn and transmitted to the Court. Petitioner shall
advise the Court, prior to the expiration of the 30-day
period, as to any legitimate reason why the funds will not be
received by the Court within the time period.
is advised that the payment of the filing fee will not
guarantee that this Court will reach the merits of
United States District Clerk is directed to send a copy of
these Findings, Conclusions and Recommendation to each party
by the most efficient means available.
NOTICE OF RIGHT TO OBJECT *
party may object to these proposed findings, conclusions and
recommendation. In the event parties wish to object, they are
hereby NOTIFIED that the deadline for filing objections is
fourteen (14) days from the date of filing as indicated by
the “entered” date directly above the signature
line. Service is complete upon mailing, Fed.R.Civ.P.
5(b)(2)(C), or transmission by electronic means, Fed.R.Civ.P.
5(b)(2)(E). Any objections must be filed on or before
the fourteenth (14th) day after this recommendation ...