Aberha v. Gittere et al

Filing 4

ORDER - The Application to Proceed In Forma Pauperis (ECF No. 1 ) is denied. Petitioner must pay the $5.00 fee by November 30, 2020. Clerk is instructed to mail Petitioner two copies of this order (Mailed to Petitioner at ESP on 10/16/2020). Petitioner must make the necessary arrangements to have a copy of this order attached to the check for the filing fee. The initial screening of the Petition (ECF No. 1 -1) under the Rules Governing Section 2254 Cases and consider ation of the Motion for Appointment of Counsel (ECF No. 1 -2) are deferred to until such time as he has fully complied with this order. Petitioner's failure to timely comply with this order will result in the dismissal of this action without further advance notice. Signed by Judge Larry R. Hicks on 10/15/2020. (Copies have been distributed pursuant to the NEF - AB)

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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 ASHENAFI GERRE ABERHA, 6 7 8 Case No. 3:20-cv-00524-LRH-WGC Petitioner, v. ORDER WILLIAM GITTERE, et al., Respondents. 9 10 Petitioner Ashenafi Gerre Aberha, a Nevada state prisoner, has submitted a pro se Petition 11 for Writ of Habeas Corpus (ECF No. 1-1) pursuant to 28 U.S.C. § 2254. This matter is before the 12 Court on Aberha’s Application to Proceed In Forma Pauperis (“IFP”) (ECF No. 1). For the 13 reasons discussed below, the Court denies his IFP application and orders him to pay the filing fee. 14 Under 28 U.S.C. § 1914(a) and the Judicial Conference Schedule of Fees, a $5.00 filing 15 fee is required to initiate a habeas action in a federal district court. Indigent prisoners who do not 16 have money to pay the $5.00 filing fee may request IFP status to waive the fee. A federal district 17 court may authorize a person to begin an action without prepaying fees and costs if the person 18 submits an IFP application on the approved form along with the appropriate supporting 19 documentation. 28 U.S.C. § 1915(a); LSR 1-1, LSR 1-2. 20 Although Aberha submitted the required form, the supporting documents show he is able 21 to pay the $5.00 filing fee. Thus, he does not qualify for a fee waiver. The Court therefore denies 22 Aberha’s IFP application and he will have 45 days to pay the $5.00 filing fee. 23 IT IS THEREFORE ORDERED: 24 1. Aberha’s Application to Proceed In Forma Pauperis (ECF No. 1) is DENIED. 25 2. Aberha must pay the $5.00 fee by November 30, 2020. 26 3. The Clerk of Court is instructed to MAIL Aberha two copies of this order. Aberha must 27 make the necessary arrangements to have a copy of this order attached to the check for 28 the filing fee. 1 1 4. The initial screening of Aberha’s Petition for Writ of Habeas Corpus (ECF No.1-1) 2 under the Rules Governing Section 2254 Cases in the United States District Courts and 3 consideration of the Motion for Appointment of Counsel (ECF No. 1-2) are deferred to 4 until such time as he has fully complied with this order. 5 6 7 5. Aberha’s failure to timely comply with this order will result in the dismissal of this action without further advance notice. DATED this 15th day of October, 2020. 8 9 LARRY R. HICKS UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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