McNeil v. State of Nebraska et al

Filing 27

MEMORANDUM AND ORDER - Petitioner's Motion for Leave to Proceed in Forma Pauperis (Filing No. 2 ) is granted. The next step in this case is for the court to conduct a preliminary review of the habeas corpus petition in accordance with Rule 4 of the Rules Governing Section 2254 cases. The court will conduct this review in its normal course of business and will address Petitioners other pending motions at that time. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JAMAAL ANDRE MCNEIL,
Petitioner,

4:18CV3041

vs.
STATE OF NEBRASKA, ATTORNEY
GENERAL FOR THE STATE OF
NEBRASKA, DOUGLAS COUNTY
ATTORNEY, WARDEN OF N.S.P.,
SCOTT FRANKS, Director of N.S.P.;
LEE ANN RETELSDORF, District
Court Judge, Mrs.; and CLERK OF
THE DISTRICT COURT,

MEMORANDUM
AND ORDER

Respondents.
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. 26), 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. The next step in this case is
for the court to conduct a preliminary review of the habeas corpus petition in
accordance with Rule 4 of the Rules Governing Section 2254 cases. The court will
conduct this review in its normal course of business and will address Petitioner’s
other pending motions at that time.

Dated this 30th day of March, 2018.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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