Aldaco v. Houston

Filing 50

MEMORANDUM AND ORDER denying 47 Motion for Leave to Proceed in forma pauperis. Plaintiff Samson Aldaco shall pay the appellate filing fee of $455 by 8/9/2010. Pro Se Case Management Deadline set for 8/9/2010: deadline for Petitioner to pay $455.00 appellate filing fee. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(JAE)

Aldaco v. Houston

Doc. 50

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA SAMSON ALDACO, Petitioner, v. ROBERT HOUSTON, Respondent. ) ) ) ) ) ) ) ) ) CASE NO. 8:09CV177

MEMORANDUM AND ORDER

This matter is before the court on Petitioner's Motion for Leave to Proceed in forma pauperis on appeal. (Filing No. 47.) The court has reviewed this Motion pursuant to 28 U.S.C. § 1915(a)(1)-(2).1 Petitioner's trust account statement shows that he has sufficient funds to pay the appellate filing fee. (Filing No. 3.) For this reason, Petitioner's Motion for Leave to Proceed in forma pauperis is denied. See, e.g., McKnight v. Dinwiddie, No. 095152, 2010 WL 257285, at *3 (10th Cir. Jan. 25, 2010) (denying motion for leave to proceed in forma pauperis and concluding petitioner had the ability to pay the $455.00 appellate filing fee where petitioner's institutional account had a balance of $700.00). IT IS THEREFORE ORDERED that: 1. Petitioner's Motion for Leave to Proceed in forma pauperis (Filing No. 47) is denied; Petitioner is granted until August 9, 2010, to pay the $455.00 appellate filing fee. Petitioner is warned that if he fails to pay the appellate filing fee, the court the court will not process his appeal; and

2.

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: August 9, 2010: deadline for Petitioner to pay $455.00 appellate filing fee.

DATED this 9th day of July, 2010. BY THE COURT:

s/Laurie Smith Camp 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