Aldacov.Houston

United States District Court, D. NebraskaJun 1, 2009
CASE NO. 8:09CV177 (D. Neb. Jun. 1, 2009)

CASE NO. 8:09CV177.

June 1, 2009


MEMORANDUM AND ORDER


LAURIE CAMP, District Judge

Petitioner has filed a Petition for Writ of Habeas Corpus under28 U.S.C. § 2254 (Filing No. 1), a Motion for Leave to Proceed In Forma Pauperis (IFP) (Filing No. 2), and a certified copy of his trust account information (Filing No. 3).

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 Motion for Leave to Proceed IFP pursuant to 28 U.S.C. § 1915(a)(1)-(2). Petitioner's trust account statement shows that he had an average monthly balance of $100 or more in his account for the six-month period immediately preceding the filing of the Petition. (Filing No. 3) For this reason, 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).

The court recognizes that the provisions of 28 U.S.C. § 1915(b) do not apply to habeas cases. See Malave v. Hedrick , 271 F.3d 1139, 1139-40 (8th Cir. 2001).

IT IS THEREFORE ORDERED that:

1. Petitioner's Motion for Leave to Proceed IFP (Filing No. 2) is denied;
2. Petitioner is granted until July 1, 2009, to pay the $5.00 filing fee. Petitioner is warned that if the fee is not paid as required, the court may dismiss this case without further notice; and
3. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: July 1, 2009: deadline for Petitioner to pay $5.00 filing fee.