Sanchez #773218 v. Corrigan

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
______
CARLOS ANDRES SANCHEZ,
Petitioner,
v.
JAMES CORRIGAN,
Respondent.
____________________________/
Case No. 2:25-cv-268
Honorable Ray Kent
ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS
This is a habeas corpus action brought by a state prisoner under 28 U.S.C. § 2254.
Petitioner has consented to the conduct of all proceedings, including entry of final judgment, by a
United States magistrate judge. (ECF No. 8.)
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 a trust account statement, which shows that over the past six months
Petitioner has had an average monthly deposit of $334.02. At the time of filing his petition,
Petitioner had a spendable balance of $710.16. Petitioner’s financial documents indicate that he
has sufficient resources to pay the $5.00 filing fee. Therefore, Petitioner is not entitled to proceed
Case 2:25-cv-00268-RSK ECF No. 9, PageID.<pageID> Filed 12/23/25 Page 1 of 2

2
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. Petitioner’s failure to comply with this order will result in
dismissal of this case without prejudice.
Dated: 	December 23, 2025 	/s/ Ray Kent
Ray Kent
United States Magistrate 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.
Case 2:25-cv-00268-RSK ECF No. 9, PageID.<pageID> Filed 12/23/25 Page 2 of 2