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)

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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 -2-

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