Ware v. Frakes

Filing 6

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 n otice. The clerk of the court is directed to set a case management deadline in this case using the following text: April 4, 2017: 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 Magistrate Judge Cheryl R. Zwart. (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DAVID WARE,
Petitioner,

8:17CV85

vs.
ORDER
SCOTT R. FRAKES,
Respondent.
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. 4.) 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 case management deadline in this
case using the following text: April 4, 2017: 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.

March 21, 2017.

BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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