Dunkin v. Houston
MEMORANDUM AND ORDER denying Petitioner's 2 Motion for Leave to Proceed in forma pauperis. Plaintiff Robert J. Dunkin shall pay the filing fee of $5.00 by June 21, 2012, unless an enlargement of time is granted in response to a written motion. Pro Se Case Management Deadline set for 6/21/2012. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ROBERT J. DUNKIN,
ROBERT HOUSTON, Nebraska
Department of Correctional Services, )
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:
Petitioner’s application to proceed IFP (Filing No. 2) is denied.
Petitioner is granted until June 21, 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.
The Clerk of the court is directed to set a pro se case management
deadline in this case using the following text: June 21, 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.
DATED this 22nd day of May, 2012.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge
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