Gardner v. State of Nebraska

Filing 12

MEMORANDUM AND ORDER - Petitioner's request to proceed IFP (Filing Nos. 3 , 11 .) are 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 thi s 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 30, 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 Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JUSTIN GARDNER,
Petitioner,

8:17CV255

vs.
STATE OF NEBRASKA,

MEMORANDUM
AND ORDER

Respondent.
This matter is before the court on Petitioner’s Motions for Leave to Proceed
in Forma Pauperis (“IFP”). (Filing Nos. 3, 11.) 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. 10.)
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 Nos. 3, 11.) are 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 30, 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.
Dated this 29th day of September, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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