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Anderson v. Pennsylvania Board of Probation

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


February 16, 2009

CARLTON F. ANDERSON, PETITIONER,
v.
PENNSYLVANIA BOARD OF PROBATION, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Louis H. Pollak, J.

MEMORANDUM/ORDER

Petitioner Carlton F. Anderson has filed a motion to proceed in forma pauperis in a suit filed pursuant to 28 U.S.C. § 2254 (habeas corpus). As required by 28 U.S.C. § 1915(a), the statute governing proceedings in forma pauperis , he has filed an affidavit in support of his request and enclosed a certified report of his prisoner trust fund account.

Petitioner's inmate account shows that he has a balance of $152.93, and petitioner's affidavit indicates that he expects to receive a gift of $75 each month. Thus, the $5.00 filing fee petitioner seeks to have waived represents about 3% of his present assets. Petitioner further indicates in his affidavit that he has no regular monthly expenses. In view of these facts, I find that the payment of this court's $5.00 filing fee would not be contrary to the spirit of § 1915. Cf. United States ex rel. Irons v. Com. of Pa ., 407 F.Supp. 746, 746 (M.D.Pa. 1976) (noting that the court's "only concern at this nascent stage of the proceedings is to determine whether petitioner is financially unable to pay the $5.00 fee otherwise necessary to commence a habeas proceeding").

Accordingly, it is hereby ORDERED that Petitioner's request to proceed in forma pauperis is DENIED .

20090216

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