Bailey v. McQuiggin, No. 5:2011cv12147 - Document 5 (E.D. Mich. 2011)
Court Description: OPINION and ORDER Denying 4 Application to Proceed In Forma Pauperis, and DISMISSING CASE. Signed by District Judge John Corbett O'Meara. (WBar)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CURTIS BAILEY, Petitioner, v. CASE NO. 5:11-CV-12147 HONORABLE JOHN CORBETT O'MEARA GREG MCQUIGGIN, Respondent. ___________________________________/ OPINION AND ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DISMISSING HABEAS PETITION WITHOUT PREJUDICE Petitioner Curtis Bailey, a state prisoner currently confined at the Chippewa Correctional Facility, in Kincheloe, 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 $676.14 in his prison account as of May 27, 2011, when the custodian of Petitioner's institutional account certified his financial statement. 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 Petitioner s application to proceed in forma pauperis and DISMISSES WITHOUT PREJUDICE the petition for writ of habeas corpus. Petitioner may submit a new petition with payment of the filing fee. This case is closed. s/John Corbett O Meara United States District Judge Date: June 14, 2011 I hereby certify that on June 14, 2011 a copy of the foregoing document was served upon Petitioner at Chippewa Correctional Facility by first-class U.S. mail. s/William Barkholz Case Manager 2
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