UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION IVORY TRAYLOR,

Petitioner, Case No. 24-cv-12752

v. Honorable Robert J. White

JACOB LAFAVE,

Respondent.

ORDER DENYING THE APPLICATION TO PROCEED IN FORMA PAUPERIS, DISMISSING THE HABEAS PETITION, AND DENYING A CERTIFICATE OFAPPEALABILITY

Ivory Traylor submitted a pro se petition for a writ of habeas corpus pursuant to

and an application to proceed in forma pauperis. Traylor’s certificate of prisoner institutional/trust fund account activity shows a current spendable account balance of $134.90 as of November 7, 2024. (ECF No. 5). Based on this financial data, Traylor has not established indigence. He can pay the $5.00 filing fee. The Court, therefore, denies the in forma pauperis application and dismisses the petition without prejudice. See

(e)(2)(A); see also Rules Governing Section 2254 Cases, Rule 3(a)(2). Traylor may file a new habeas petition and pay the filing fee in a new case. As for next steps, a certificate of appealability must issue before Traylor appeals this decision.

(c)(1)(a); Fed. R. App. P. 22(b). A certificate of appealability may issue only if the petitioner makes “a substantial

showing of the denial of a constitutional right.”

(c)(2). When a court denies habeas relief on procedural grounds, a certificate of appealability should issue if jurists of reason would find it debatable whether the petitioner states

a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the court was correct in its procedural ruling. Slack v. McDaniel,

(2000). Since jurists of reason would not find the Court’s procedural ruling debatable, a certificate of appealability cannot issue.

Accordingly,

IT IS ORDERED that the application to proceed in forma pauperis (ECF No. 5) is denied. IT IS FURTHER ORDERED that the petition for a writ of habeas corpus (ECF No. 1) is dismissed without prejudice.

IT IS FURTHER ORDERED that a certificate of appealability is denied. IT IS FURTHER ORDERED that the Clerk of the Court is directed to close the case.

s/Robert J. White_____________________ Robert J. White United States District Judge

Dated: December 5, 2024