Coutts v. Gage
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Petitioner's Motion for Leave to Proceed in Forma Pauperis (Filing No. 2 ) is granted. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JAMES A. COUTTS,
BRIAN GAGE, Warden, State of
Nebraska, Department of Corrections, )
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: Petitioner’s Motion for Leave to Proceed
in Forma Pauperis (Filing No. 2) is granted.
DATED this 6th day of January, 2014.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge
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