Denoyer v. United States of America et al

Filing 10

MEMORANDUM AND ORDER denying Petitioner's 2 Motion for Leave to Proceed in forma pauperis. Petitioner has 30 days in which to pay the $5.00 filing fee. He is warned that the court may dismiss this case without further notice to him if the fee is not paid. Plaintiff Dale Ernest DeNoyer shall pay an initial partial filing fee of $5.00 by July 6, 2015, unless an enlargement of time is granted in response to a written motion. Pro Se Case Management Deadline set for 7/6/2015: check for payment of filing fee. No further review of this case will take place until the filing fee is paid. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DALE ERNEST DENOYER,
Petitioner,
v.
UNITED STATES OF AMERICA, U.S.
MARSHAL’S SERVICE, U.S. PAROLE
COMMISSION, and U.S. PROBATION
OFFICE,
Respondents.

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8:15CV185

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 and Petitioner’s trust account information. As of
May 31, 2015, Petitioner’s unfrozen balance in his inmate trust account statement was
$599.85. Thus, the court concludes that Petitioner 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. Accordingly,

IT IS ORDERED:
1.

Petitioner’s application to proceed IFP (Filing No. 2) is denied.

2.

Petitioner has 30 days in which to pay the $5.00 filing fee. He is warned that
the court may dismiss this case without further notice to him if the fee is not
paid.

3.

The clerk of the court is directed to set a pro se case management deadline
in this case using the following text: July 6, 2015: check for payment of filing
fee.

4.

No further review of this case will take place until the filing fee is paid.

DATED this 5th day of June, 2015.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge

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