Ruegge v. Gage

Filing 8

MEMORANDUM AND ORDER that petitioner's 5 Motion for Leave to Proceed in forma pauperis is denied. Petitioner has 30 days in which to pay the $5.00 filing fee. The courtmay dismiss this case without further notice if the fee is not paid as required. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: July 17, 2015: 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 Joseph F. Bataillon. (Copy mailed to pro se party)(ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LARRY RUEGGE,
Petitioner,
v.
BRIAN GAGE,
Respondent.

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4:15CV3046

MEMORANDUM
AND ORDER

This matter is before the court on Petitioner’s Motion for Leave to Proceed in
Forma Pauperis (“IFP”). (Filing No. 5.) 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. 7.) 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. 5) is denied.

2.
Petitioner has 30 days in which to pay the $5.00 filing fee. The court
may dismiss this case without further notice if the fee is not paid as required.
3.
The clerk of the court is directed to set a pro se case management
deadline in this case using the following text: July 17, 2015: 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 June, 2015.
BY THE COURT:

s/ Joseph F. Bataillon
Senior United States District Judge

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