Lovette v. Houston et al

Filing 7

MEMORANDUM AND ORDER denying the Petitioner's 2 Motion for Leave to Proceed in forma pauperis. Plaintiff Marvin Walker Lovette shall pay an initial partial filing fee of $5.00 by May 26, 2014. Petitioner is warned that if the fee is no t paid as required, the court may dismiss this case without further notice. Pro Se Case Management Deadline set for 5/26/2014 (deadline for Petitioner to pay $5.00 filing fee). Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MARVIN WALKER LOVETTE,
Petitioner,
v.
ROBERT P. HOUSTON, Director,
Nebraska Dept. of Corr. Serv., and
BRIAN GAGE, Warden Tecumseh
State Corr. Inst.,
Respondents.

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4:14CV3056

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).
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. 6.) Thus, the court concludes that
Petitioner must 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 Motion for Leave to Proceed IFP (Filing No. 2) is denied.

2.
Petitioner shall have until May 26, 2014, 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: May 26, 2014: 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 15th day of April, 2014.
BY THE COURT:

s/ Joseph F. Bataillon
United States District Judge

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