Kinser v. Sabatka-Rine

Filing 6

MEMORANDUM AND ORDER - Petitioner's application to proceed IFP (Filing No. 2 ) is denied. Petitioner is granted until July 24, 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. 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 7/24/2014 : deadline for Petitioner to pay $5.00 filing fee. ) 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
WILLIAM D. KINSER JR.,
Petitioner,
v.
DIANE SABATKA-RINE,
Respondent.

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8:14CV187

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. 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. 4.) 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 July 24, 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: July 24, 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 24th day of June, 2014.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

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