Davis v. Washington County Nebraska States Attorneys Office

Filing 6

MEMORANDUM AND ORDER denying the Petitioner's 2 Motion for Leave to Proceed in forma pauperis. Plaintiff Robert Davis shall pay the filing fee of $5.00 by 7/11/13. The Petitioner is warned that if the fee is not paid as required, the c ourt may dismiss this case without further notice. Pro Se Case Management Deadline set for 7/11/2013: 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 Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ROBERT DAVIS,
Petitioner,
v.
WASHINGTON COUNTY
NEBRASKA STATES
ATTORNEYS OFFICE, Agency
Administrative Head,
Respondent.

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8:13CV145

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. 5.) 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 Motion for Leave to Proceed In Forma Pauperis (filing no.
2) is denied.
2.
Petitioner is granted until July 11, 2013, 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: July 11, 2013: 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 12th day of June, 2013.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

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