Orobio Landazuri 68973-018 v. United States ( 2021 )

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ______ PLINIO ALBERTO OROBIO LANDAZURI, Petitioner, Case No. 1:21-cv-1079 v. Honorable Paul L. Maloney UNITED STATES OF AMERICA, Respondent. ____________________________/ ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS This is a habeas corpus action brought by a federal prisoner under 28 U.S.C. § 2241. Petitioner has requested leave of court to proceed in forma pauperis (ECF No. 2) under 28 U.S.C. § 1915(a)(1) and has filed an affidavit of indigence. The filing fee for a habeas corpus action is $5.00. 28 U.S.C. § 1914(a). The Court should only grant leave to proceed in forma pauperis when it reasonably appears that paying the cost of this filing fee would impose an undue financial hardship. Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988). It is not unreasonable to require a prisoner to devote a small portion of his discretionary funds to defray a fraction of the costs of his litigation. See Lumbert v. Ill. Dep’t of Corr., 827 F.2d 257, 267 (7th Cir. 1987). Petitioner has filed an affidavit that discloses that he receives approximately $100.00 per month from his family and approximately $43.00 per month in pay from his prison job. At the time of filing his petition, Petitioner had a spendable balance of $45.89. Petitioner’s financial documents indicate that he has sufficient resources to pay the $5.00 filing fee. Therefore, Petitioner is not entitled to proceed in forma pauperis in this action. Petitioner has 28 days from the date of entry of this order to pay the $5.00 filing fee. If Petitioner fails to pay the filing fee within the 28-day period, his case will be dismissed without prejudice. Accordingly: IT IS ORDERED that Petitioner’s application for leave to proceed in forma pauperis (ECF No. 2) is DENIED. IT IS FURTHER ORDERED that within 28 days hereof, Petitioner shall pay the $5.00 filing fee to the Clerk of this Court. Dated: December 30, 2021 /s/ Paul L. Maloney Paul L. Maloney United States District Judge SEND REMITTANCES TO THE FOLLOWING ADDRESS: Clerk, U.S. District Court 399 Federal Bldg. 110 Michigan St., N.W. Grand Rapids, MI 49503 All checks or other forms of payment shall be payable to “Clerk, U.S. District Court” and must indicate the case number in which the payment is made.