Sobey v. Houston
ORDER provisionally granting 2 the application to proceed in forma pauperis, but petitioner must pay the $5.00 filing fee by October 4, 2010. The clerk of the court is directed to set a pro se case management deadline in this case with the following text: October 4, 2010: deadline for payment of $5.00 filing fee. Pro Se Case Management Deadline set for 10/4/2010 deadline for payment of $5.00 filing fee. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(MKR)
-PRSE Sobey v. Houston
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA ARTHUR SOBEY, ) ) Petitioner, ) ) v. ) ) ROBERT HOUSTON, ) ) Respondent. ) ______________________________)
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. 4). 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. Accordingly,
IT IS ORDERED: 1. The application to proceed in forma pauperis
(Filing No. 2) is provisionally granted, but petitioner must pay the $5.00 filing fee by October 4, 2010. 2. The clerk of the court is directed to set a pro se
case management deadline in this case with the following text: October 4, 2010: deadline for payment of $5.00 filing fee.
DATED this 19th day of August, 2010. BY THE COURT: /s/ Lyle E. Strom ____________________________ LYLE E. STROM, Senior Judge United States District Court
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