McCowin et al v. Nebraska State Penitentiary

Filing 6

MEMORANDUM AND ORDER - Petitioner's application to proceed IFP (filing no. 2 ) is denied. Petitioner is granted until 30 days from date of this Memorandum and Order 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: August 26, 2013: 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 Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
GARY MCCOWIN,
Petitioner,
v.
NEBRASKA STATE
PENITENTIARY,
Respondent.

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4:13CV3132

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 five-month
period immediately preceding the filing of the petition. (Filing No. 5.) 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 30 days from date of this Memorandum and
Order 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: August 26, 2013: 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 24th day of July, 2013.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

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