Gibbs v. Houston
MEMORANDUM AND ORDER provisionally granting the 2 Motion for Leave to Proceed in forma pauperis. The Petitioner will not be required to pay the $5.00 fee at this time. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party) (MKR)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
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 5th day of June, 2013.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge
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