Corsetti v. Secretary, Department of Corrections

S.D. Florida

Corsetti v. Secretary, Department of Corrections

DecidedFebruary 4, 2021

Docket2:21-cv-14050

StatusUnknown

This text of Corsetti v. Secretary, Department of Corrections (Corsetti v. Secretary, Department of Corrections) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Corsetti v. Secretary, Department of Corrections, (S.D. Fla. 2021).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 21-cv-14050-BLOOM

MICHAEL CORSETTI,

Petitioner,

v.

SECRETARY, DEPARTMENT OF CORRECTIONS, et al.,

Respondent. / ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS AND ESTABLISHING $5.00 DEBT

THIS CAUSE is before the Court upon a sua sponte review of the record. Petitioner filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. ECF No. [1]. Petitioner has not paid the Clerk’s filing fee of $5.00 but filed a motion to proceed in forma pauperis pursuant to Rule 3(a) of the Rules Governing § 2254 Proceedings in the District Courts. ECF No. [2]. It is well settled that proceeding in forma pauperis is a privilege, not a right, and permission to so proceed is committed to the sound discretion of the Court. See Camp v. Oliver, 798 F.2d 434 (11th Cir. 1986). Likewise, district courts enjoy wide discretion in deciding whether a partial filing fee is fair and appropriate in a particular case. See Johnson v. Kemp, 781 F.2d 1570, 1571 (11th Cir. 1986); see also Collier v. Tatum, 722 F.2d 653, 657 (11th Cir. 1983). Review of motion to proceed in forma pauperis reveals that Petitioner’s current account balance is over $100 and he receives an average monthly deposit of $79.45. ECF No. [2] at 6. Therefore, Petitioner is not entirely indigent and can well afford the Clerk’s minimal $5.00 filing fee. Case No. 21-cv-14050-BLOOM

Accordingly, it is ORDERED AND ADJUDGED as follows: 1. Petitioner’s motion to proceed in forma pauperis, ECF No. [2], is DENIED. 2. On or before March 8, 2021, Petitioner shall pay the Clerk’s filing fee of $5.00. 3. Petitioner shall put the case number on the check or money order so the Clerk can docket the payment in the correct case. This is especially important when a prisoner has filed more than one case. 4. Petitioner is cautioned that failure to pay the fee will result in dismissal of this petition. DONE AND ORDERED in Chambers at Miami, Florida, on February 4, 2021. 4 £ UNITED STATES DISTRICT JUDGE Copies to: Counsel of Record Michael Corsetti, Pro Se # 632336 Marion Correctional Institute Inmate Mail/Parcels P.O. Box 32663 Lowell, FL 32663 Noticing 2254 SAG Broward and North Email: CrimAppWPB @ MyFloridaLegal.com Financial Department, United States District Court, Southern District of Florida

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 21-cv-14050-BLOOM

MICHAEL CORSETTI,

Petitioner,

v.

SECRETARY, DEPARTMENT OF CORRECTIONS, et al.,

Respondent. / ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS AND ESTABLISHING $5.00 DEBT

THIS CAUSE is before the Court upon a sua sponte review of the record. Petitioner filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. ECF No. [1]. Petitioner has not paid the Clerk’s filing fee of $5.00 but filed a motion to proceed in forma pauperis pursuant to Rule 3(a) of the Rules Governing § 2254 Proceedings in the District Courts. ECF No. [2]. It is well settled that proceeding in forma pauperis is a privilege, not a right, and permission to so proceed is committed to the sound discretion of the Court. See Camp v. Oliver, 798 F.2d 434 (11th Cir. 1986). Likewise, district courts enjoy wide discretion in deciding whether a partial filing fee is fair and appropriate in a particular case. See Johnson v. Kemp, 781 F.2d 1570, 1571 (11th Cir. 1986); see also Collier v. Tatum, 722 F.2d 653, 657 (11th Cir. 1983). Review of motion to proceed in forma pauperis reveals that Petitioner’s current account balance is over $100 and he receives an average monthly deposit of $79.45. ECF No. [2] at 6. Therefore, Petitioner is not entirely indigent and can well afford the Clerk’s minimal $5.00 filing fee. Case No. 21-cv-14050-BLOOM

Accordingly, it is ORDERED AND ADJUDGED as follows: 1. Petitioner’s motion to proceed in forma pauperis, ECF No. [2], is DENIED. 2. On or before March 8, 2021, Petitioner shall pay the Clerk’s filing fee of $5.00. 3. Petitioner shall put the case number on the check or money order so the Clerk can docket the payment in the correct case. This is especially important when a prisoner has filed more than one case. 4. Petitioner is cautioned that failure to pay the fee will result in dismissal of this petition. DONE AND ORDERED in Chambers at Miami, Florida, on February 4, 2021. 4 £ UNITED STATES DISTRICT JUDGE Copies to: Counsel of Record Michael Corsetti, Pro Se # 632336 Marion Correctional Institute Inmate Mail/Parcels P.O. Box 32663 Lowell, FL 32663 Noticing 2254 SAG Broward and North Email: CrimAppWPB @ MyFloridaLegal.com Financial Department, United States District Court, Southern District of Florida

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