Horton v. Houston

Filing 6

MEMORANDUM AND ORDER - Petitioner's Motion for Leave to Proceed in forma pauperis 2 is denied. Petitioner shall have until September 20, 2010, to pay the $5.00 filing fee. Petitioner is warned that if the fee is not paid as required, th e 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: September 20, 2010: deadline for Petitioner to pay $5.00 filing fee. No further review of this case will take place until the filing fee is paid. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party) (KBJ)

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-PRSE Horton v. Houston Doc. 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA SHAWN HORTON, Petitioner, v. ROBERT HOUSTON, Respondent. ) ) ) ) ) ) ) ) ) 4:10CV3155 MEMORANDUM AND ORDER Petitioner has filed a Petition for Writ of Habeas Corpus under 28 U.S.C. 2254, a Motion for Leave to Proceed in forma pauperis, and a copy of his institutional trust account statement. 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 Motion for Leave 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 Petitioner's trust account statement shows that Petitioner had an average monthly balance of $100 or more in Petitioner's account for the six-month period immediately preceding the filing of the Petition, the court concludes that Petitioner must be required to pay the $5.00 filing fee because Petitioner has the financial ability to do so. See 28 U.S.C. 1915(a). IT IS THEREFORE ORDERED that: 1. Petitioner's Motion for Leave to Proceed in forma pauperis (filing no. 2) is denied. Dockets.Justia.com 2. Petitioner shall have until September 20, 2010, to pay the $5.00 filing fee. Petitioner is warned that if the fee is not paid as required, the court may dismiss this case without further notice. 3. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: September 20, 2010: deadline for Petitioner to pay $5.00 filing fee. 4. No further review of this case will take place until the filing fee is paid. DATED this 20th day of August, 2010. BY THE COURT: Richard G. Kopf United States District Judge *This opinion may contain hyperlinks to other documents or Web sites. The U.S. District Court for the District of Nebraska does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide on their Web sites. Likewise, the court has no agreements with any of these third parties or their Web sites. The court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases to work or directs the user to some other site does not affect the opinion of the court. 2

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