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Vernell Johnson v. U.S. Attorney General

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


November 9, 2011

VERNELL JOHNSON PETITIONER,
v.
U.S. ATTORNEY GENERAL RESPONDENT.

The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge

ORDER

Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with an application to proceed in forma pauperis.

Examination of the in forma pauperis application reveals that petitioner is able to afford the costs of suit. According to petitioner's affidavit submitted in support of his application, he had a balance of $636.60 as of August 26, 2011, eighteen days before he filed his petition. The fee for filing a habeas action is only $5.00. Accordingly, the motion to proceed in forma pauperis will be denied. See 28 U.S.C. § 1915(a).

Petitioner will have thirty days from the entry of this order in which to submit the filing fee of $5.00. Failure to submit the fee will result in dismissal of this action under Fed.R.Civ.P. 41(b).*fn1

In accordance with the above, IT IS HEREBY ORDERED that:

1. Petitioner's motion to proceed in forma pauperis (Docket No. 3) is denied;

2. Petitioner has thirty days from the entry of this order in which to submit the $5.00 filing fee. Failure to submit the fee will result in dismissal of this action under Fed. R. Civ. P. 41(b).


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