UNITED STATES DISTRICT COURT F I L E D

FOR THE DISTRICT OF COLUMBIA

JAN 2 3 1986

UNITED SATES OF AMERICA )

CLERK, U.S. District Court.

) DISTRICT OF COLUMBIA

V- )

) CR 84-0385

ELLEN THOMAS |

)

REPORT AND RECOMMENDATION

Probation in this case is due to expire at midnight, January 23, 1986. She appeared before the undersigned U.S. Magistrate at 12:07 p.m., January 23, 1986 pursuant to a Judicial Summons, with counsel, Steven Milliken. The alleged probation violation is her failure to pay a remaining $50.00 fine in the case. She did pay a $50.00 fine as to one of the two(2) counts of which she was convicted.

Counsel represented that Ms. Ellen Thomas was totally without funds and that she uses her time working without compensation on behalf of the homeless. She was sworn by the Magistrate and personally questioned on the record. She stated under oath that she had no bank account or any funds at all and that the only way she could pay the fine would be for someone to give her the money or to loan her the sum. She also submitted a financial affidavit (attached) which she swore was correct.

The Magistrate was satisfied she was telling the truth. Accordingly the Magistrate

RECOMMENDS that the payment of the fine be forgiven and that probation be allowed to expire as of midnight January 23, 1986

/s/Arthur L. Burnett, Sr.
ARTHUR L. BURNETT, SR.
U.S. Magistrate
Date: January 23, 1986


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