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Hatten v. United States

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


April 3, 2008

CHAD HATTEN, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.

The opinion of the court was delivered by: Sean J. McLAUGHLIN United States District Judge

MEMORANDUM ORDER

This petition for writ of habeas corpus was transferred from the U.S. District Court for the Southern District of Texas on December 3, 2007 and was referred to Chief United States Magistrate Judge Susan Paradise Baxter for report and recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.

The Chief Magistrate Judge's Report and Recommendation, filed on February 8, 2008 [Doc. #9], recommends that leave to proceed in forma pauperis be denied isasmuch as it appears that Petitioner has an average monthly balance in excess of the $5.00 filing fee required to commence this action. Petitioner was allowed ten (10) days from the date of service in which to file objections. On February 22, 2008, Petitioner filed a response [Doc. # 11] in which he indicated that he does not object to the R&R. After de novo review of the petition and documents in the case, together with the Report and Recommendation and Petitioner's response thereto, the following order is entered:

AND NOW, this 3rd day of April, 2008;

IT IS HEREBY ORDERED that Petitioner shall be denied leave to proceed in forma pauperis in the instant matter.

The Report and Recommendation of Chief Magistrate Judge Baxter, filed on February 8, 2008, is adopted as the opinion of the Court.

20080403

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