Cardenas v. Coakley

Filing 7

ORDER GRANTING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS BUT DIRECTING PETITIONER TO PAY THE $5.00 FILING FEE: Although the Court finds that the petitioner is a pauper and GRANTS his 2 IFP motion, because the petitioner receives sufficient funds to pay the $5.00 filing fee, he will be required to pay that fee within thirty (30) days from the date of this Order. The failure to do so could result in the dismissal of this case without further notice. Signed by Magistrate Judge Michael John Aloi on 8/20/2018. (Copy to PS Petitioner via CM, RRR.)(wrr) (Additional attachment(s) added on 8/20/2018: # 1 Certified Mail Return Receipt) (wrr).

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF WEST VIRGINIA
LUES ASPRELLA CARDENAS,
Petitioner,
v.

Civil Action No. 1:18cv131
(Judge Keeley)

JOE COAKLEY,
Respondent.
ORDER GRANTING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS
BUT DIRECTING PETITIONER TO PAY THE $5.00 FILING FEE
This § 2241 habeas corpus action is before the Court on the petitioner’s Motion for Leave
to Proceed in forma pauperis (“IFP”), filed on June 11, 2018.
All litigants are required to pay the costs and fees associated with civil lawsuits unless
their financial condition warrants a grant of IFP status pursuant to 28 U.S.C. § 1915. Therefore,
if a petitioner submits a certified copy of his trust fund statement for the six-month period
immediately preceding the filing of the action, then the Court may consider his request.
In this case, the Petitioner’s Prisoner Trust Account Report reports that he had average
monthly deposits of $116.14 during the six months prior to the filing of his case.
Therefore, although the Court finds that the petitioner is a pauper and GRANTS his IFP
motion, because the petitioner receives sufficient funds to pay the $5.00 filing fee, he will be
required to pay that fee within thirty (30) days from the date of this Order. The failure to do
so could result in the dismissal of this case without further notice.
IT IS SO ORDERED.
The Clerk is directed to send a copy of this Order to the pro se Petitioner by certified
mail, return receipt requested, to his last known address as shown on the docket.

DATED: August 20, 2018
/s/

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MICHAEL JOHN ALOI
UNITED STATES MAGISTRATE JUDGE

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