Pittman v. Frakes

Filing 5

MEMORANDUM AND ORDER -Petitioner's request to proceed IFP (Filing No. 2 ) is denied. Petitioner must pay the $5.00 filing fee within 30 days. Petitioner is warned that if the fee is not paid as required, the court may 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 19, 2015: deadline for Petitioner to pay $5.00 filing fee. No further review of this case will take place until the filing fee is paid. ( Pro Se Case Management Deadline set for 10/19/2015: deadline for Petition to pay $5.00 filing fee) Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JARIEL A. PITTMAN,
Petitioner,
v.
SCOTT R. FRAKES,
Respondent.

)
)
)
)
)
)
)
)
)

8:15CV336

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 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.
IT IS THEREFORE ORDERED that:
1.

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

2.
Petitioner must pay the $5.00 filing fee within 30 days. 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 19, 2015: 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 17th day of September, 2015.
BY THE COURT:
s/ John M. Gerrard
United States District Judge

*This opinion may contain hyperlinks to other documents or Web sites. The U.S. District Court for the District
of Nebraska does not endorse, recommend, approve, or guarantee any third parties or the services or products they
provide on their Web sites. Likewise, the court has no agreements with any of these third parties or their Web sites. The
court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases
to work or directs the user to some other site does not affect the opinion of the court.

2