Moen v. Lancaster County Corrections
Filing
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MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Petitioner's application to proceed IFP (Filing No. 2 ) is denied. Petitioner is granted until June 8, 2012, to pay the $5.00 filing fee. Petitioner is warned that if the fee is not pa id 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: June 8, 2012: 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 Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ERICK MOEN,
Petitioner,
v.
LANCASTER COUNTY
CORRECTIONS,
Respondent.
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4:12CV3079
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. 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 June 8, 2012, 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: June 8, 2012: 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 9th day of May, 2012.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge
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