Baker v. Houston

Filing 5

MEMORANDUM AND ORDER - The Motion for Leave to Proceed in Forma Pauperis (filing no. 2 ) is provisionally granted and Petitioner will not be required to pay the $5.00 fee at this time. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party) (AOA)

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- P R S E B a k e r v . H o u s t oD no IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA HENRY EUGENE BAKER, Petitioner, v. ROBERT P. HOUSTON, Director NDCS, Respondent. ) ) ) ) ) ) ) ) ) ) 4:10CV3228 MEMORANDUM AND 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 institutional trust account statement (filing no. 3). Habeas corpus cases attacking the legality of a person's confinement require the payment of a $5.00 fee. 28 U.S.C. 1914(a). However, pursuant to 28 U.S.C. 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 and Petitioner is relieved from paying the fee at this time. IT IS THEREFORE ORDERED that: The Motion for Leave to Proceed in Forma Pauperis (filing no. 2) is provisionally granted and Petitioner will not be required to pay the $5.00 fee at this time. DATED this 20th day of December, 2010. BY THE COURT: s/ Joseph F. Bataillon Chief United States District Judge *This opinion may contain hyperlinks to other documents or W e b sites. The U.S. District Court for the District o f Nebraska does not endorse, recommend, approve, or guarantee any third parties or the services or products they p r o v i d e on their Web sites. Likewise, the court has no agreements with any of these third parties or their Web sites. The c o u r t accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases t o work or directs the user to some other site does not affect the opinion of the court. D o c

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