Opinion
CASE NO. 8:09CV177.
July 9, 2010
MEMORANDUM AND ORDER
This matter is before the court on Petitioner's Motion for Leave to Proceed in forma pauperis on appeal. (Filing No. 47.) The court has reviewed this Motion pursuant to28 U.S.C. § 1915(a)(1)-(2). Petitioner's trust account statement shows that he has sufficient funds to pay the appellate filing fee. (Filing No. 3.) For this reason, Petitioner's Motion for Leave to Proceed in forma pauperis is denied. See, e.g., McKnight v. Dinwiddie, No. 09-5152, 2010 WL 257285, at *3 (10th Cir. Jan. 25, 2010) (denying motion for leave to proceed in forma pauperis and concluding petitioner had the ability to pay the $455.00 appellate filing fee where petitioner's institutional account had a balance of $700.00).
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 in forma pauperis (Filing No. 47) is denied;
2. Petitioner is granted until August 9, 2010, to pay the $455.00 appellate filing fee. Petitioner is warned that if he fails to pay the appellate filing fee, the court the court will not process his appeal; and
3. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: August 9, 2010: deadline for Petitioner to pay $455.00 appellate filing fee.
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