Torres v. Frakes

Filing 10

MEMORANDUM AND ORDER- Petitioner's Motion for Leave to Proceed in Forma Pauperis 25 is granted. Ordered by Magistrate Judge F.A. Gossett. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
)
)
Plaintiff,
)
)
v.
)
)
SCOTT FRAKES, Director, Nebraska
Department of Correctional Services, )
)
)
Defendant.
)
MARCO E. TORRES, JR.,

4:17CV3078

MEMORANDUM AND
ORDER

Petitioner filed a Petition for Writ of Habeas Corpus (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 filing fee. 28 U.S.C. §
1914(a). However, after considering Petitioner’s financial status as shown in the records
of this court (see inmate trust account statement at Filing No. 2-1), leave to proceed in
forma pauperis will be granted and Petitioner is relieved from paying the filing fee. See
28 U.S.C. § 1915(a)(1).

IT IS THEREFORE ORDERED that:
Petitioner’s Motion for Leave to Proceed in Forma Pauperis (Filing No. 2) is
granted.
DATED: June 23, 2017.
BY THE COURT:
s/ F.A. Gossett, III
United States Magistrate Judge

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