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)

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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. ) ) ) ) ) ) ) ) ) ) ) ) 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 *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

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