Pardee v. Kinney

Filing 10

MEMORANDUM AND ORDER -Petitioner's 2 Application for Leave to Proceed in forma pauperis is denied. Petitioner is granted until August 11, 2014, to pay the $5.00 filing fee. Petitioner is warned that if the fee is not paid as requi red, the Court may dismiss this case without further notice. No further review of this case will take place until the filing fee is paid. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 8/11/2014: deadline for petitioner to pay $5.00 filingfee.) Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ROBERT PARDEE,

)
)
Petitioner,
)
)
v.
)
)
MICHAEL KINNEY, Director,
)
Neb. Dept. C.S.,
)
)
Respondent.
)
______________________________)

8:14CV185

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.
1914(a).

28 U.S.C. §

The Court has reviewed the application to proceed IFP.

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.
1915(a).

See 28 U.S.C. §

No further review of this case will take place until

the fee is paid.

IT IS ORDERED:
1.

Petitioner’s application to proceed IFP (Filing

No. 2) is denied.
2.

Petitioner is granted until August 11, 2014, 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:
August 11, 2014:

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 8th day of July, 2014.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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