Wells v. Houston

Filing 5

MEMORANDUM AND ORDER regarding 2 Motion for Leave to Proceed in forma pauperis. 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. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(LKH)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA COREY WELLS, Petitioner, v. DIRECTOR ROBERT HOUSTON, Respondent. ) ) ) ) ) ) ) ) ) 8:09CV113 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 certified copy of his prisoner account statement (filing no. 3). 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. March 31, 2009. BY THE COURT: s/Richard G. Kopf United States District Judge

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