Tuesday, October 21, 2008

2254 Petition Dismissed for Failure to Pay Fee

Abram v. Milyard, 2008 WL 4417206 (10/1/08) (unpub'd) - It was okay to dismiss a ยง 2254 petition for failure to pay the $ 5 filing fee where the petitioner had $ 6.15 in his account at one time. The 10th didn't care that the petitioner might have needed to spend the $6.12 for hygiene items. "The reasons for Abram's spending do not change the fact he had sufficient resources to pay the required fee."