King v. Houston et al

Filing 6

ORDER provisionally granting 2 Motion for Leave to Proceed in forma pauperis. Donnell King will not be required to pay the $5.00 fee at this time. Ordered by Senior Judge Warren K. Urbom. (Copy mailed/e-mailed to pro se party)(JAE)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DONNELL KING,
Petitioner,
v.
ROBERT P. HOUSTON, Director, and
DENNIS BAKEWELL, Warden,
Respondents.

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4:11CV03067

MEMORANDUM
AND ORDER

The petitioner, Donnell King, (“King”) 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. 4).
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 King’s financial status as shown in the records of this court, provisional leave to proceed
in forma pauperis will be granted and King 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 Donnell King will not be required to pay the $5.00 fee at this time.
Dated June 7, 2011.
BY THE COURT
s/ Warren K. Urbom
United States Senior District Judge