Ortiz v. Rine

Filing 5

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Petitioner's application to proceed IFP (Filing No. 2 ) is denied. Petitioner is granted until September 13, 2013, 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: September 13, 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)(TCL )

Ortiz v. Rine

Doc. 5

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LAWRENCE ORTIZ,
Petitioner,
v.
SABOTKA RINE,
Respondent.

)
)
)
)
)
)
)
)
)

4:13CV3139

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 September 13, 2013, 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 13, 2013: deadline for
Petitioner to pay $5.00 filing fee.

Dockets.Justia.com

4.

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

DATED this 13th day of August, 2013.
BY THE COURT:
Richard G. Kopf
Senior 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