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Ryan Ray Corman v. State of North Dakota

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA


August 1, 2012

RYAN RAY CORMAN, PETITIONER,
v.
STATE OF NORTH DAKOTA, ND DOCR, AND ND DOCR PROBATION AND PAROLE, RESPONDENTS.

The opinion of the court was delivered by: Karen K. Klein United States Magistrate Judge

REPORT AND RECOMMENDATION

Petitioner Ryan Ray Corman ("Corman"), an inmate at the James River Correctional Center, submitted for filing on July 23, 2012 a habeas petition under 28 U.S.C. § 2254 and an application for leave to proceed in forma pauperis. (Doc. #1, Doc #2). The Certificate of Inmate Account and Assets from the correctional institution shows that as of July 18, 2012, Corman had $8.29 in his Inmate Account. The average monthly deposits to the Inmate Account for the six months preceding July 18, 2012 was $107.60. Corman currently receives $70 per month in allowance or wages from the correctional facility and a $20.00 per month gift from his mother. It appears Corman has sufficient funds to pay the $5.00 filing fee for this action. Accordingly, it is RECOMMENDED that Corman's application to proceed in forma pauperis (Doc. #1) be DENIED. If Corman pays the $5.00 filing fee, his case will proceed, but if the district judge adopts the recommendation and Corman fails to pay the filing fee, his petition may be dismissed for failure to prosecute.

Karen K. Klein

NOTICE OF RIGHT TO OBJECT

Pursuant to Local Civil Rule 72.1(D)(3) and Rule 72(b), Corman may file written objections to this Report and Recommendation within fourteen (14) days after being served with a copy of the Report and Recommendation. Failure to file objections may result in the recommended action being taken.

20120801

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