Dyer v. Bakewell et al

Filing 10

MEMORANDUM AND ORDER - Petitioner's application to proceed IFP (Filing No. 2 ) is denied. Petitioner is granted until October 27, 2011 to pay the $5.00 filing fee. Petitioner is warned that if the fee is not paid as required, the court ma y dismiss this case without further notice. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: October 27, 2011: 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 Judge Laurie Smith Camp. (Copy mailed/e-mailed to pro se party)(GJG)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA LEWIS FITZGERALD DYER, Petitioner, v. DENNIS BAKEWELL, Warden, and NEBRASKA STATE PENITENTIARY, Respondents. ) ) ) ) ) ) ) ) ) ) CASE NO. 8:11CV312 MEMORANDUM AND ORDER This matter is before the court on Petitioner’s Motion for Leave to Proceed In Forma Pauperis (“IFP”). (Filing No. 2.) 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 pursuant to 28 U.S.C. § 1915(a)(1)-(2). 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. 3.) 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. 2) is denied. 2. Petitioner is granted until October 27, 2011 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. 3. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: October 27, 2011: 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 27th day of September, 2011. BY THE COURT: s/Laurie Smith Camp United States District Judge 2

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