Brown v. State of Nebraska

Filing 10

MEMORANDUM AND ORDER - The petitioners application to proceed in forma pauperis (filing no. 2 ) is denied; Terron Brown is granted until August 20, 2010, to pay the $5.00 filing fee. Terron Brown is warned that if the fee is not paid as require d, the court may dismiss this case without further notice; The clerk of the court is directed to set a pro se case management deadline in this case with the following text: August 20, 2010: deadline for payment of $5.00 filing fee; and no further review of this case will take place until the filing fee is paid. Pro Se Case Management Deadline set for 8/20/2010: deadline for payment of $5.00 filing fee. Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party)(MKR)

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-PRSE Brown v. State of Nebraska Doc. 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA TERRON BROWN, Petitioner, v. STATE OF NEBRASKA, Respondent. ) ) ) ) ) ) ) ) ) 8:10CV236 MEMORANDUM AND ORDER The petitioner, Terron Brown, 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 (filing no. 2), and a copy of his prisoner trust account statement (filing no. 9). 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 petitioner's trust account statement shows that he had an average monthly balance of $100 or more in his account for the six-month period immediately preceding the filing of the petition. Therefore, I conclude that Terron Brown must be required to pay the $5.00 filing fee because he 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. denied; the petitioner's application to proceed in forma pauperis (filing no. 2) is 2. the Terron Brown is granted until August 20, 2010, to pay the $5.00 filing fee. Terron Brown is warned that if the fee is not paid as required, the court may dismiss this case without further notice; Dockets.Justia.com 3. the clerk of the court is directed to set a pro se case management deadline in this case with the following text: August 20, 2010: deadline for payment of $5.00 filing fee; and 4. no further review of this case will take place until the filing fee is paid. Dated July 20, 2010. BY THE COURT s/ Warren K. Urbom United States Senior District Judge -2-

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