Carlos Andres Sanchez v. James Corrigan

Summary

The United States District Court for the Western District of Michigan denies Carlos Andres Sanchez’s application to proceed in forma pauperis in his 28 U.S.C. § 2254 habeas corpus action. The court finds that Sanchez has sufficient funds to pay the $5.00 filing fee and orders him to pay within 28 days or face dismissal without prejudice.

Holdings

1. Petitioner was not entitled to proceed in forma pauperis because his financial documents showed sufficient resources to pay the $5.00 filing fee without undue hardship.
2. Petitioner must pay the $5.00 filing fee within 28 days of entry of the order; failure to do so will result in dismissal of the case without prejudice.

Questions Presented

1. Whether petitioner should be permitted to proceed in forma pauperis under 28 U.S.C. § 1915(a)(1) despite the $5.00 habeas filing fee.
2. Whether petitioner should be ordered to pay the filing fee within 28 days, subject to dismissal without prejudice for noncompliance.

Disposition

other