United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS October 2, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-20467
Summary Calendar
JOHN GRAY,
Petitioner-Appellant,
versus
DOUGLAS DRETKE, DIRECTOR, TEXAS DEPARTMENT OF
CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION,
Respondent-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-02-CV-4338
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Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
John Gray, Texas prisoner # 475245, appeals the district
court’s refusal to order that the filing fee for Gray’s appeal in
his 28 U.S.C. § 2254 petition (no. 03-20147) be paid with funds
in prison release account. The Prisoner Litigation Reform Act
does not apply to 28 U.S.C. § 2254 cases. Carson v. Johnson, 112
F.3d 818, 820 (5th Cir. 1997). Once the district court
determined that Gray could proceed in forma pauperis on appeal,
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 03-20467
-2-
there was no need to assess a partial filing fee or payment
schedule for the appellate filing fees. FED. R. APP. P. 24(a).
Gray may proceed in his 2254 action without paying a filing fee.
Furthermore, Gray fails to show that there is any money in his
release account or that funds therein can be used to pay
appellate filing fees. See TEX. GOV’T CODE ANN. § 501.015(b).
Gray’s instant appeal is without arguable merit and dismissed.
See 5TH CIR. 42.2. His motion for relief from the district court
order denying payment from his prison funds is denied.
APPEAL DISMISSED. MOTION DENIED.