Rush v. Thurber
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 Laurie Smith Camp. (Copy mailed to pro se party)(GJG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MICHAEL THURBER, Director,
CASE NO. 4:12CV3253
Petitioner has filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254
(Filing No. 1) and a Motion for Leave to Proceed in Forma Pauperis (Filing No. 2).
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 10th day of January, 2013.
BY THE COURT:
s/Laurie Smith Camp
United States District Judge
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