Pena v. Ives, No. 6:2015cv00128 - Document 6 (E.D. Ky. 2015)

Court Description: MEMORANDUM OPINION & ORDER: 1. The Clerk of the Court shall TERMINATE Richard B. Ives as the Respondent to this action, and shall SUBSTITUTE J. C. Holland. 2. The 28 U.S.C. § 2241 petition for a writ of habeas corpus filed by Petitioner Victo r Pena [R. 1 ] is DENIED. 3. Pena's motion for reconsideration [R. 5 ] of the Order entered on July 24, 2015 [R. 4 ] is DENIED. 4. The Clerk of the Court shall open an account in Penas name for receipt of the $5.00 filing fee. The Clerk shall complete a Notice of Payment Form. The Clerk shall send a copy of this Order and the Notice of Payment Form to the warden of the institution in which Pena is currently confined. 5. Penas custodian shall send the Clerk of the Court a payment in the amount of $5.00 out of Penas inmate trust fund account. 6. The Court will enter an appropriate Judgment. 7. This 28 U.S.C. § 2241 habeas proceeding is DISMISSED and STRICKEN from the Courts docket. Signed by Judge Karen K. Caldwell on 8/3/15. (Attachments: # 1 525)(SYD)cc: mailed to pro se filer and Warden

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Pena v. Ives Doc. 6 Att. 1 O EDKy 525 (Rev. 07/08) Notice of Payment Due For Filing Fee UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY LONDON SOUTHERN _______________ DIVISION at ______________ NOTICE OF PAYMENT DUE FOR FILING FEE The attached Order has been entered directing the prisoner named below to pay a filing fee to the U.S. District Court Clerk as provided by 28 U.S.C. §1915(b). Initial Partial Filing Fee: The custodian of the prisoner shall deduct and pay an initial partial filing fee as directed in the Order. Balance of Filing Fee: After the initial partial filing fee is paid, the custodian shall make monthly deductions of 20 percent of the preceding month's income credited to the prisoner's account. Whenever the balance of the account exceeds ten dollars ($10), the custodian shall forward payments from the prisoner's account to the clerk until the full filing fee is paid, see 28 U.S.C. §1915(b)(2). Complete the form below and return it and the payment to: Clerk, U.S. District Court 101 Barr St. Lexington, KY 40507 E Detach this portion and return with payment _____________________________ Victor Pena Name of Prisoner: 6:15-CV-128-KKC Federal Case No._______________________________ Amount enclosed: $_____________________________ ____________________ 91515-080 Inmate # (Include case no. on check.) The enclosed check is remitted pursuant to 28 U.S.C. §1915(b) on behalf of the prisoner for the payment of the filing fees in the above case number. _____________________________________________ Name of Custodial Facility Clerk, U.S. District Court 101 Barr St. Lexington, KY 40507 Authorized Official: ____________________________ Make copies of this portion and submit with future payments. Dockets.Justia.com

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