Bailey v. McQuiggin
Filing
5
OPINION and ORDER Denying 4 Application to Proceed In Forma Pauperis, and DISMISSING CASE. Signed by District Judge John Corbett O'Meara. (WBar)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CURTIS BAILEY,
Petitioner,
v.
CASE NO. 5:11-CV-12147
HONORABLE JOHN CORBETT O'MEARA
GREG MCQUIGGIN,
Respondent.
___________________________________/
OPINION AND ORDER DENYING APPLICATION TO PROCEED IN FORMA
PAUPERIS AND DISMISSING HABEAS PETITION WITHOUT PREJUDICE
Petitioner Curtis Bailey, a state prisoner currently confined at the Chippewa Correctional
Facility, in Kincheloe, 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
$676.14 in his prison account as of May 27, 2011, when the custodian of Petitioner's institutional
account certified his financial statement. 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 Petitioner’s application to proceed in forma pauperis and
DISMISSES WITHOUT PREJUDICE the petition for writ of habeas corpus. Petitioner may
submit a new petition with payment of the filing fee. This case is closed.
s/John Corbett O’Meara
United States District Judge
Date: June 14, 2011
I hereby certify that on June 14, 2011 a copy of the foregoing document was served upon
Petitioner at Chippewa Correctional Facility by first-class U.S. mail.
s/William Barkholz
Case Manager
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?