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Criminal Law

: Tenth Circuit Blog

2254 Petition Dismissed for Failure to Pay Fee

By Shari Allison

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Abram v. Milyard, 2008 WL 4417206 (10/1/08) (unpub'd) - It was okay to dismiss a § 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."

Full post as published by Tenth Circuit Blog on October 21, 2008 (boomark / email).

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