Viltres v. Britten

Filing 6

MEMORANDUM AND ORDER - 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. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BARBARO SANCHEZ VILTRES,
Petitioner,
v.
FRED BRITTEN,
Respondent.

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CASE NO. 4:12CV3219

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 1st day of November, 2012.
BY THE COURT:

s/Laurie Smith Camp
Chief United States District Judge