Niemiec v. Burt

Filing 10

OPINION and ORDER denying 8 Application to Proceed In Forma Pauperis and dismissing 1 Petition for Writ of Habeas Corpus. (Denying 2 MOTION for Release on Bond pending Appeal, 4 MOTION for Evidentiary Hearing, 3 MOTION for Leave to File Excess Pages) Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

JOHN NIEMIEC,
Case Number: 2:13-CV-10180

Petitioner,

HON. GEORGE CARAM STEEH

v.
SHERRY BURT,
Respondent.
/

OPINION AND ORDER DENYING APPLICATION TO PROCEED
IN FORMA PAUPERIS AND DISMISSING HABEAS CORPUS
PETITION WITHOUT PREJUDICE
Petitioner John Niemiec, a state prisoner confined at the Muskegon Correctional
Facility in Muskegon, Michigan, has submitted a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254 and an application to proceed in forma pauperis.
Petitioner’s certificate of prisoner institutional/trust fund account activity states that he
had a current spendable account balance of $70.92 in his prison account as of February 4,
2013, when an administrative officer of the Michigan Department of Corrections certified
his financial statement. Also, for the six months preceding the filing of his petition,
Petitioner had an average monthly deposit to his account of $148.31. The Court
concludes from the financial data that Petitioner has not established indigence and that he
should be able to pay the $5.00 filing fee for this action. Accordingly, the Court DENIES

-1-

Petitioner’s application to proceed in forma pauperis and DISMISSES WITHOUT
PREJUDICE the petition for writ of habeas corpus.
Further, the Court DENIES WITHOUT PREJUDICE Petitioner’s Motion for
Release on Bond Pending Appeal (dkt. #2), Motion for Leave to File Excess Pages (dkt. #
3), Motion for Evidentiary Hearing (dkt. #4), and Motion to Exceed Page Limit (dkt. # 9).
IT IS SO ORDERED.
Dated: March 7, 2013
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
March 7, 2013, by electronic and/or ordinary mail and also on
John Niemiec, #523576, Muskegon Correctional Facility,
2400 S. Sheridan, Muskegon, MI 49442.
s/Barbara Radke
Deputy Clerk

-2-