Patterson v. Houston

Filing 5

MEMORANDUM AND ORDER provisionally granting 2 Motion for Leave to Proceed in forma pauperis. Petitioner will not be required to pay the $5.00 fee at this time. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA HENRY E. PATTERSON JR., ) ) Petitioner, ) ) v. ) ) ROBERT HOUSTON, Director of ) Nebraska Department of Corrections, ) and JON BRUNING, Attorney ) General, ) ) Respondents. ) 8:08CV456 MEMORANDUM AND ORDER Petitioner has filed a Petition for Writ of Habeas Corpus under 28 U.S.C. 2254 (filing no. 1), a Motion for Leave to Proceed in Forma Pauperis (filing no. 2), and a copy of his institutional trust account statement (filing no. 4). 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: The Motion for Leave to Proceed in Forma Pauperis (filing no. 2) is provisionally granted and Petitioner will not be required to pay the $5.00 fee at this time. October 23, 2008. BY THE COURT: s/Richard G. Kopf United States District Judge

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