Ivey v. Gibson

Filing 5

MEMORANDUM AND ORDER - The petitioner's application to proceed in forma pauperis 2 is denied; The petitioner is granted until November 13, 2007 to pay the $5.00 filing fee. The petitioner is warned that if the fee is not paid as required , the court may dismiss this case, without further notice; The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: November 13, 2007: deadline for petitioner to pay $5.00 filing fee; and No further review of this case shall take place until the filing fee is paid. ***Pro Se Case Management Deadlines: Pro Se Case Management Deadline set for 11/13/2007-deadline for petitioner to pay $5.00 filing fee. Ordered by Judge Laurie Smith Camp. (MKR) Copy mailed to petitioner

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Ivey v. Gibson Doc. 5 Case: 4:07-cv-03242-LSC-PRSE Document #: 5 Date Filed: 10/11/2007 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA DAVID IVEY, Petitioner, v. WILLIAM R. GIBSON, Respondent. ) ) ) ) ) ) ) ) ) ) CASE NO. 4:07CV3242 MEMORANDUM AND ORDER Petitioner has filed a petition for writ of habeas corpus under 28 U.S.C. § 2254, an application to proceed in forma pauperis, and a copy of his institutional trust account statement. After reviewing the statement, I find that petitioner's average monthly income, as reflected in the trust account statement is $172.41. Habeas corpus cases attacking the legality of a person's confinement require the payment of a $5.00 fee. 28 U.S.C. § 1914(a). The court has reviewed the application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a)(1)-(2). (The court recognizes that the provisions of 28 U.S.C. § 1915(b) do not apply to habeas cases. See Malave v. Hedrick, 271 F.3d 1139, 1139-40 (8th Cir. 2001).) Because the petitioner's trust account shows that the petitioner had an average monthly balance of $100 or more in the petitioner's account for the six-month period immediately preceding the filing of the petition, the court concludes that the petitioner must be required to pay the $5.00 filing fee because the petitioner has the financial ability to do so. See 28 U.S.C. § 1915(a). No further review of this case shall take place until the fee is paid. IT IS THEREFORE ORDERED: 1. The petitioner's application to proceed in forma pauperis (Filing No. 2) is denied; Dockets.Justia.com Case: 4:07-cv-03242-LSC-PRSE Document #: 5 Date Filed: 10/11/2007 Page 2 of 2 2. The petitioner is granted until November 13, 2007 to pay the $5.00 filing fee. The petitioner is warned that if the fee is not paid as required, the court may dismiss this case without further notice; The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: November 13, 2007: deadline for petitioner to pay $5.00 filing fee; and No further review of this case shall take place until the filing fee is paid. 3. 4. DATED this 11th day of October, 2007. BY THE COURT: s/Laurie Smith Camp United States District Judge 2

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