
    Kevin JIM, Petitioner, v. Warden Mark BOWEN, Respondent.
    No. CIV 18-0757 JB/KRS
    United States District Court, D. New Mexico.
    Filed August 29, 2018
    Kevin Jim, Clayton, NM, pro se.
    MEMORANDUM OPINION AND ORDER DENYING THE PRISONER'S MOTION AND AFFIDAVIT FOR LEAVE TO PROCEED PURSUANT TO 28 U.S.C. § 1915
   James O. Browning, UNITED STATES DISTRICT JUDGE

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.

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.  