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Bonds v. Glebe

United States District Court, W.D. Washington, Tacoma

May 15, 2015

ANDRE L. BONDS, Petitioner,
v.
PATRICK GLEBE, Respondent.

REPORT AND RECOMMENDATION

KAREN L. STROMBOM, Magistrate Judge.

On April 3, 2015, Petitioner Andre L. Bonds filed a proposed petition for writ of habeas corpus. Dkt. 1. On May 11, 2015, Mr. Bonds paid the $5.00 filing fee (Receipt No. T-12966). Dkt. 3. On May 11, 2015, Mr. Bonds filed a motion for leave to proceed in forma pauperis (IFP). Dkt. 5. Because Mr. Bonds has paid the filing fee, the Court should deny the IFP application.

DISCUSSION

A district court may permit indigent litigants to proceed IFP upon completion of a proper affidavit of indigency. See 28 U.S.C. § 1915(a). However, the court has broad discretion in denying an IFP application. Weller v. Dickson, 314 F.2d 598 (9th Cir. 1963), cert. denied, 375 U.S. 845 (1963). Mr. Bonds paid the $5.00 filing fee on May 11, 2015 and therefore, his IFP application is moot. The undersigned recommends that the Court deny Mr. Bonds' IFP application (Dkt. 5).

Pursuant to 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b), Petitioner shall have fourteen (14) days from service of this Report and Recommendation to file written objections thereto. See also Fed.R.Civ.P. 6. Failure to file objections will result in a waiver of those objections for purposes of appeal. Thomas v. Arn, 474 U.S. 140 (1985). Accommodating the time limit imposed by Rule 72(b), the Clerk is directed set this matter for consideration on June 5, 2015, as noted in the caption.


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