Ildefonso v. Gage

Filing 5

MEMORANDUM AND ORDER - The Motion for Leave to Proceed in Forma Pauperis (filing no. 2 ) is provisionally granted and Ildefonso will not be required to pay the $5.00 fee at this time. Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party)(AOA)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ARLYN P. ILDEFONSO,
Petitioner,
V.
BRIAN GAGE, Warden,
Respondent.

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4:13CV3110

MEMORANDUM
AND ORDER

The petitioner, Arlyn P. Ildefonso (“Ildefonso”), has filed a Petition Under 28
U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody (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 Ildefonso’s financial status as shown in the
records of this court, provisional leave to proceed in forma pauperis will be granted
and Ildefonso 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 Ildefonso will not be required to
pay the $5.00 fee at this time.
Dated June 12, 2013.
BY THE COURT

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Warren K. Urbom
United States Senior District Judge