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)

-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;

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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

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