Dixon v. Nebraska Correctional for Women

Filing 9

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Petitioner's Motion for Leave to Proceed in Forma Pauperis (Filing No. 7 ) is granted. Petitioner is reminded that, pursuant to the courts Memorandum and Order dated December 16, 2013, she has until January 13, 2014, to file an amended petition for writ of habeas corpus naming the current warden of Petitioner's place of confinement as the respondent. In the alternative, Plaintiff may file a motion to substitute party in which she asks the court to substitute the current warden of her present place of confinement as the respondent. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MICHALE M. DIXON,

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Petitioner,
v.
NEBRASKA CORRECTIONAL FOR
WOMEN,
Respondent.

4:13CV3204

MEMORANDUM
AND ORDER

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. 7). 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: Petitioner’s Motion for Leave to Proceed in Forma
Pauperis (Filing No. 7) is granted. Petitioner is reminded that, pursuant to the court’s Memorandum
and Order dated December 16, 2013, she has until January 13, 2014, to file an amended petition for
writ of habeas corpus naming the current warden of Petitioner’s place of confinement as the
respondent. In the alternative, Plaintiff may file a motion to substitute party in which she asks the
court to substitute the current warden of her present place of confinement as the respondent.
DATED this 6th day of January, 2014.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge

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