Niemiec v. Burt, No. 2:2013cv10180 - Document 10 (E.D. Mich. 2013)
Court Description: OPINION and ORDER denying 8 Application to Proceed In Forma Pauperis and dismissing 1 Petition for Writ of Habeas Corpus. (Denying 2 MOTION for Release on Bond pending Appeal, 4 MOTION for Evidentiary Hearing, 3 MOTION for Leave to File Excess Pages) Signed by District Judge George Caram Steeh. (MBea)
Download PDF
<![CDATA[
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JOHN NIEMIEC, Case Number: 2:13-CV-10180 Petitioner, HON. GEORGE CARAM STEEH v. SHERRY BURT, Respondent. / OPINION AND ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DISMISSING HABEAS CORPUS PETITION WITHOUT PREJUDICE Petitioner John Niemiec, a state prisoner confined at the Muskegon Correctional Facility in Muskegon, Michigan, has submitted a petition for writ of habeas corpus pursuant to 28 U.S.C. ยง 2254 and an application to proceed in forma pauperis. Petitioner s certificate of prisoner institutional/trust fund account activity states that he had a current spendable account balance of $70.92 in his prison account as of February 4, 2013, when an administrative officer of the Michigan Department of Corrections certified his financial statement. Also, for the six months preceding the filing of his petition, Petitioner had an average monthly deposit to his account of $148.31. The Court concludes from the financial data that Petitioner has not established indigence and that he should be able to pay the $5.00 filing fee for this action. Accordingly, the Court DENIES -1- Petitioner s application to proceed in forma pauperis and DISMISSES WITHOUT PREJUDICE the petition for writ of habeas corpus. Further, the Court DENIES WITHOUT PREJUDICE Petitioner s Motion for Release on Bond Pending Appeal (dkt. #2), Motion for Leave to File Excess Pages (dkt. # 3), Motion for Evidentiary Hearing (dkt. #4), and Motion to Exceed Page Limit (dkt. # 9). IT IS SO ORDERED. Dated: March 7, 2013 s/George Caram Steeh GEORGE CARAM STEEH UNITED STATES DISTRICT JUDGE CERTIFICATE OF SERVICE Copies of this Order were served upon attorneys of record on March 7, 2013, by electronic and/or ordinary mail and also on John Niemiec, #523576, Muskegon Correctional Facility, 2400 S. Sheridan, Muskegon, MI 49442. s/Barbara Radke Deputy Clerk -2-
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
