Stanley v. Young Stanley v. Young (E. D. Tex., 2015)

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RAYMOND STANLEY v. WARDEN SCOTT YOUNG

CIVIL ACTION NO. 5: 15cv43

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION

June 5, 2015

MEMORANDUM OPINION AND ORDER

        Raymond Stanley, proceeding pro se filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has filed a motion (doc. no. 3) seeking leave to proceed in forma pauperis in this matter.

        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 $132. 67 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 pay the $5 filing fee applicable to his petition. Accordingly, petitioner will be

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denied leave to proceed in forma pauperis and directed to pay the $5 filing fee.

        For the reasons set forth above, petitioner's motion to proceed in forma pauperis is DENIED. Petitioner shall pay the $5 filing fee within 30 days of the date set forth below.

        SIGNED this 5th day of June 2015.

        /s/_________        CAROLINE M. CRAVEN        UNITED STATES MAGISTRATE JUDGE