Wetherell v. Dahm

Filing 6

MEMORANDUM AND ORDER denying 2 MOTION for Leave to Proceed in forma pauperis filed by Niccole A. Wetherell. Petitioner is granted until 3/25/09 to pay the $5.00 filing fee. The clerk is directed to set a pro se case management deadline for 3/25/09: deadline for petitioner to pay $5.00 filing fee. Ordered by Judge Laurie Smith Camp. (JSF)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA NICCOLE A. WETHERELL, Petitioner, v. JOHN DAHM, Respondent. ) ) ) ) ) ) ) ) ) CASE NO. 8:09CV32

MEMORANDUM AND ORDER

Petitioner has filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 (Filing No. 1), a Motion for Leave to Proceed In Forma Pauperis (IFP) (Filing No. 2), and a certified copy of her trust account information (Filing No. 3). 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 Motion for Leave to Proceed IFP pursuant to 28 U.S.C. § 1915(a)(1)-(2).1 Petitioner's trust account statement shows that she had an average monthly balance of $100 or more in her account for the six-month period immediately preceding the filing of the Petition. (Filing No. 3) For this reason, the court concludes that Petitioner must be required to pay the $5.00 filing fee because she has the financial ability to do so. See 28 U.S.C. § 1915(a). IT IS THEREFORE ORDERED that: 1. 2. Petitioner's Motion for Leave to Proceed IFP (Filing No. 2) is denied; Petitioner is granted until March 25, 2009, 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; and

The court recognizes that the provisions of 28 U.S.C. § 1915(b) do not apply to habeas cases. See Malave v. Hedrick, 271 F.3d 1139, 1139-40 (8th Cir. 2001).

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3.

The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: March 25, 2009: deadline for Petitioner to pay $5.00 filing fee.

DATED this 24th day of February, 2009.

BY THE COURT:

s/Laurie Smith Camp United States District Judge

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