Harden v. Britten et al

Filing 5

MEMORANDUM AND ORDER denying the Petitioner's 2 Motion for Leave to Proceed in forma pauperis. Petitioner is granted until July 25, 2011 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; Pro Se Case Management Deadline set for 7/25/2011; deadline for Petitioner topay $5.00 filing fee. No further review of this case will take place until the filing fee is paid. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party) (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ROBERT HARDEN,
Petitioner,
v.
FRED BRITTEN, Warden, and
ROBERT HOUSTON, Director of the
Department of Corrections,
Respondents.

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CASE NO. 4:11CV3084

MEMORANDUM
AND ORDER

This matter is before the court on Petitioner’s Motion for Leave to Proceed In Forma
Pauperis (“IFP”). (Filing No. 2.) 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 IFP pursuant to 28 U.S.C. § 1915(a)(1)-(2).
Petitioner’s trust account information shows that Petitioner’s account contained an average
monthly balance of $100 or more for the six-month period immediately preceding the filing
of the petition. (Filing No. 3.) Thus, 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). No further review of this case will take place until the fee is paid.
IT IS THEREFORE ORDERED that:
1.

Petitioner’s application to proceed IFP (Filing No. 2) is denied;

2.

Petitioner is granted until July 25, 2011 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: July 25, 2011: deadline for Petitioner to
pay $5.00 filing fee; and

4.

No further review of this case will take place until the filing fee is paid.

DATED this 24th day of June, 2011.
BY THE COURT:

s/Laurie Smith Camp
United States District Judge

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