Lopez v. Houston

Filing 6

ORDER provisionally granting 2 Motion for Leave to Proceed in forma pauperis, but petitioner shall pay the $5.00 filing fee by May 9, 2009. The Clerk of the court is directed to set a pro se case management deadline in this case with the following text. May 9, 2009: deadline for payment of the $5.00 filing fee. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(MKR)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA DANIEL LOPEZ, Petitioner, v. ROBERT HOUSTON, Respondent. ) ) ) ) ) ) ) ) ) )

4:09CV3045

ORDER

Petitioner has filed a petition for writ of habeas corpus under 28 U.S.C. § 2254 (Filing No. 1), a motion for leave to proceed in forma pauperis (Filing No. 2), and a copy of his prisoner trust account statement (Filing No. 5). Habeas corpus cases attacking the legality of a person's confinement require the payment of a $5.00 fee. U.S.C. § 1914(a). However, pursuant to 28 U.S.C. § 28

1915(a)(1)-(2), and after considering petitioner's financial status as shown in the records of this Court, provisional leave to proceed in forma pauperis will be granted, but petitioner must nevertheless pay the $5.00 fee within 60 days. The Court

cautions petitioner that failure to adequately comply with this order may result in dismissal of his petition without further notice.

IT IS ORDERED: 1. Petitioner's motion for leave to proceed in forma

pauperis (Filing No. 2) is provisionally granted, but petitioner shall pay the $5.00 filing fee by May 9, 2009. 2. The clerk of the court is directed to set a pro se

case management deadline in this case with the following text: May 9, 2009: deadline for payment of $5.00 filing fee.

DATED this 16th day of March, 2009. BY THE COURT: /s/ Lyle E. Strom _________________________________ LYLE E. STROM, Senior Judge United States District Court

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