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)

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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 1

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