Benish 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)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RICHARD L. BENISH,
Petitioner,
v.
ROBERT HOUSTON, Director Nebraska
Department of Correctional Services,
Defendant.

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4:11CV3109

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 22nd day of July, 2011.
BY THE COURT:

s/ Joseph F. Bataillon
Chief United States District Judge

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