Jim v. Bowen, No. 1:2018cv00757 - Document 4 (D.N.M. 2018)
Court Description: MEMORANDUM OPINION AND ORDER denying 2 MOTION to Proceed under 28 U.S.C. 1915 by District Judge James O. Browning. (vv)
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Jim v. Bowen Doc. 4 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO KEVIN JIM, Petitioner, vs. No. CIV 18-0757 JB/KRS WARDEN MARK BOWEN, Respondent. MEMORANDUM OPINION AND ORDER DENYING THE PRISONER’S MOTION AND AFFIDAVIT FOR LEAVE TO PROCEED PURSUANT TO 28 U.S.C. § 1915 THIS MATTER comes before the Court under 28 U.S.C. § 1915(b) on the Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915, filed August 7, 2018 (Doc. 2)(“Motion”). The Court will deny Petitioner Kevin Jim’s Motion and order Jim to pay the full $5.00 filing fee within thirty days of entry of this Order. This is a habeas corpus proceeding under 28 U.S.C. § 2241. The filing fee for a § 2241 proceeding is $5.00. Jim did not pay the $5.00 filing fee, but, instead, filed his Motion. The Court has analyzed the inmate account that Jim submitted under § 1915(b)(1) and has determined that the average balance in Jim’s inmate account in the six months preceding filing of this action is $708.75. See Motion at 3-4. Twenty percent of the average balance is $141.75, an amount that exceeds the $5.00 filing fee. The inmate account statement demonstrates that Jim has the financial ability to prepay the fee for this action. See 28 U.S.C. § 1915(b)(3). The Court will therefore deny Jim’s Motion to proceed in forma pauperis pursuant to § 1915 and will order Jim to pay the full $5.00 filing fee. If Jim does not pay the $5.00 filing fee within thirty days, the Court may dismiss this proceeding without further notice. Dockets.Justia.com IT IS ORDERED that: (i) the requests in the Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915, filed August 7, 2018 (Doc. 2), are denied; and (ii) Petitioner Kevin Jim will pay the full $5.00 filing fee within thirty days of entry of this Order. ________________________________ UNITED STATES DISTRICT JUDGE Parties: Kevin Jim Northeast New Mexico Detention Facility Clayton, New Mexico Plaintiff pro se - 2 -
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