Davis v. Gordon

¶1 Fifi Davis, Mississippi prisoner # R6964, appeals the district court’s dismissal for failure to pay the filing fee of her 28 U.S.C. § 2254 petition challenging her three convictions for uttering forgery. She contends that she was indigent and could not afford the $5 filing fee, that her family had sent the funds, that the court should have removed the funds from her prison account, and that the court denied her due process by dismissing the case without holding a hearing. Davis has not shown that the district court abused its discretion in dismissing her habeas petition. See Martinez v. Johnson, 104 F.3d 769, 771 (5th Cir.1997). Consequently, the *262 judgment of the district court is AFFIRMED.